Blood Test of Driver Who Killed Biker Not Admissible Evidence

Philadelphia police officers should have used a breath test to get the blood alcohol content of a suspected drunk driver involved in a fatal accident with a biker, the Pennsylvania Supreme Court said.

The officers’ claim of exigent circumstances didn’t obviate their need for a warrant before drawing Timothy Trahey’s blood, the opinion by Justice David N. Wecht said, concluding the test results couldn’t be used against Trahey.

The officers said they didn’t get a warrant because their two-hour window to draw the blood was closing, it would take too long to get a warrant, and the alcohol in Trahey’s ...