Section 23.59 Intoxication Tests
| Library | Criminal Practice 2012 Supp |
14. (§23.59) Intoxication Tests
Section 577.029, RSMo 2000, outlines the procedures for drawing blood samples taken to determine the alcohol content of the blood. Because the legislature has detailed specifically the requirements for the taking of the blood, the trial court has no discretion in admitting blood test results that do not absolutely and literally comply with the technical requirements of § 577.029. State v. Setter, 763 S.W.2d 228, 231 (Mo. App. W.D. 1988). For example, the state’s failure to...
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