Mr. Ventura’s client was injured in a single vehicle (motorcycle) crash, while touring northern Minnesota with friends. The accident was immediately investigated by a Minnesota State Trooper, who was informed by a witness that the motorcycle operator had used narcotics prior to driving. The trooper sought and obtained a warrant to compel a blood draw from Mr. Ventura’s client for drug testing. The motorcycle operator was taken by ambulance and treated for the injuries sustained in the accident at a nearby hospital. The hospital drew and tested the client’s blood to assist in proper medical treatment, including administration of medications.
Mr. Ventura reviewed the police reports, which he noted did not include a Drug Recognition Evaluation report. He obtained and reviewed hospital records, witness interviews, and the BCA laboratory analysis of the collected blood sample, and was able to overcome the trace drug findings in the State’s blood draw. Additionally, Mr. Ventura effectively argued that the State had not met its burden of proof, beyond a reasonable doubt, to support the issuance of charges against his client.
Mr. Ventura was able to persuade the Prosecuting Attorney to dismiss the charges and agree to move the Court to seal the investigation and Court records, so that it cannot affect his client in the future.