HUGHES, J., would grant.
State v. Pryor, 255 So. 3d 578 (2018)
Oct. 29, 2018
·
Louisiana Supreme Court
·
No. 2018-KK-0943
255 So. 3d 578
STATE of Louisiana
v.
Vickie PRYOR
No. 2018-KK-0943
Supreme Court of Louisiana.
October 29, 2018
ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS
GENOVESE, J., would grant and assigns reasons.
The majority's writ denial agnostically ignores Birchfield v. North Dakota , 579 U.S. ----, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016). In Birchfield , the United States Supreme Court held that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but not warrantless blood tests. In the companion case consolidated for review, Beylund v. North Dakota Dep't of Transp. , the Court considered whether a driver's consent to a blood test was insufficiently voluntary because he was advised he was obligated to submit to the test. Birchfield was decided nearly four months before defendant herein consented to a blood test after she was involved in a vehicular accident with a fatality. Therefore, I would grant defendant's writ application to remand the matter back to the trial court for it to consider its ruling on defendant's motion to suppress in light of Birchfield and its consolidated cases.