> DOT regulations require CDL holders to submit to a drug test when they are involved in a fatal accident, regardless of the circumstances. <
If so, no one told that to the nurse. How long would it have taken to bring her up to speed? Maybe a minute. This was not an emergency situation. But the cop didn’t bother to tell her what law she was supposedly breaking. Or tell her that she was liable to be arrested.
The cop just exploded.
As I understand it, the nurse wanted the cop to show a warrant; I watched an interview with the nurse, and she said your blood is your property and she must protect patients in her care. There is a procedure for this type of incident, and the cop just ignored it (again, as I understand it).
There was nothing to bring her up to speed about. DOT has no jurisdiction over hospital staff, only over truck drivers.
The LE still needed a warrant. The hospital even accepts electronic warrants. He was completely in the wrong. She was following the law, he was not.
DOT regulations do not trump the law. Nothing to bring the nurse up to speed about.
Really. The nurse was between a rock and a hard place. If hospital protocol or law forbids her to draw blood without consent she knew she could lose her job and/or professional license.
Some cops let their power go to their heads. Not the best profession for a person prone to bullying.
D.O.T. rules are secondary to the rules regarding the legality of a blood draw as described by the nurse.
The truck driver was unconscious. He has the right to deny a blood test.
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DOT regulations cannot supersede the constitution.
The hospital’s obligation to sustain life supersedes DOT “regulations.” Police cannot make medical decisions.
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