peace officer failed to make written request directing physician to withdraw blood, and syringe and needles did not meet statutory specifications
How later courts described this case
- peace officer failed to make written request directing physician to withdraw blood, and syringe and needles did not meet statutory specifications
- only consent given was that the test be given in compliance with chapter 321B
- in listing the protective standards of a predecessor statute, we stated that the test must be given within “two hours after arrest”
- “Charlson should be limited to its particular circumstances—a [defendant’s] request that a blood test be taken.”
Written by the judges who cited it.
The opinion
REYNOLDSON, Justice
(concurring specially).
I cannot agree with division IV of majority’s opinion and would therefore also reverse on that issue.
No foundation question was asked Dr. Luka to show any qualification to express an opinion relating to the effect of the measured alcoholic content in defendant’s blood. We cannot judicially notice that Dr. Luka may be well qualified in this esoteric area of forensic medicine.