- Associated Press - Friday, September 5, 2014

PICKSTOWN, S.D. (AP) - A South Dakota judge will allow blood evidence to be part of the case against a driver who authorities say struck and killed two people in 2013.

Charles Mix County Judge Bruce Anderson says blood drawn from driver Ronal Fischer Jr. at a Wagner hospital following the incident can be admitted in court.

The Mitchell Republic (https://bit.ly/1rggRsP ) reports Anderson concluded the blood drawn by a doctor in Wagner wasn’t influenced by law enforcement and therefore didn’t require a warrant. In addition, the Lake Andes man agreed to release his medical records.

The state Supreme Court last month declared unconstitutional a state law allowing blood to be drawn from suspected drunk drivers without their permission or a warrant.

Anderson says medical records show Fischer’s blood alcohol level was more than three times the legal driving limit.



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Information from: The Daily Republic, https://www.mitchellrepublic.com

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