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Kline: DUI Case Sends Message To Hospitals
Repeat Drunken Driver Sentenced To 5 Years
POSTED: 5:00 pm CDT May 25,
2007
UPDATED: 5:29 pm CDT May 25,
2007
OVERLAND PARK, Kan. -- A drunken driving case in Johnson County is sending a strong message to hospitals and drivers: Even if a driver refuses a blood test, a hospital can be ordered to take one.The case started in January with a car wreck at 91st Street and Quivira Road. Court records show that a woman ran a red light at the intersection and hit another car, seriously injuring a woman and her grandson.Police said the driver, Genia Robinson, who had six previous DUIs, was driving drunk with her two children in the car. Officers said there were no skid marks in the intersection and no other sign she tried to stop before hitting the other car.
When Robinson arrived at the University of Kansas Medical Center, the staff refused to draw blood for a DUI test."We got a judge on the phone, got a telephone search warrant and this went on until 1:30 in the morning," Johnson County District Attorney Phill Kline said.KMBC's Bev Chapman reported that timing was important -- police only had two hours from the time of the wreck to get a blood sample; if it was any later it could alter the evidence."I would describe it as mass confusion," Kline said.He said it was confusing because the staff on duty at the hospital that night apparently didn't know the law, which is that if someone suspected of drinking and driving is involved in a wreck where people are hurt or killed, staff members can be ordered by police to draw blood."Be ready. If there's severe injury or death, the law says the blood shall be drawn," Kline said.The law is an exception to patient privacy laws intended to get dangerous drivers off the road.In the Robinson case, the victims were nearly killed, prosecutors said."She suffered multiple pelvic injuries and rib injuries, internal injuries," Assistant District Attorney Patrick Carney said.During her sentencing on Friday, Robinson apologized and cried, Chapman reported.Robinson will spend five years in prison.Kline said prosecutors met with hospital administrators after the incident to explain the law.He said if hospital staff members refuse to cooperate in the future, it could be considered obstruction of justice."Driving while under the influence with a weapon like a vehicle is a serious offense, and we will take it seriously," Kline said.
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