Section 90 Examination and Medical History Before Blood Draw
| Library | DWI Experts and the Science of Chemical Tests 2014 |
Counsel should take a close look at § 577.029, RSMo Supp. 2012, and specifically the following language: “his . . . good faith medical judgment, believes such procedure would endanger the life or health of the person in custody.” This language implies that there needs to be a medical judgment made before the venipuncture. A doctor, nurse, or trained medical technician must first do at least two things before they can give medical judgment:
1. A medical examination
2. A medical history
If these things are not...
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