Legal Question in Criminal Law in Florida

Re: Arrest

Actually you are incorrect. In a motor vehicle accident if there is death or serious bodily injury to you or someone else they do not need consent and can forcibly take your blood whether you are awake or inconscious.

Re: Arrest

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Yes, a person can be arrested or blood taken while unconscious. Miranda rights only deal with the admissability of statements made while in custody. Miranda rights have to be read or any statements will not be admissable in court.

Scott R. Jay, Esq.