The People of the State of Colorado v. Rodger Null, Defendant—appellee — Eid, J., Concurring in Part and Dissenting…

Summary

Justice Eid concurred in the suppression of Null's statements but dissented from dismissal of the DUI charges. She reasoned that law enforcement had a reasonable blood-draw protocol, made a good-faith effort to follow it, and confronted extraordinary circumstances when the contracted ambulance service did not respond. She also concluded that the evidence of intoxication made it unlikely that the missed blood test deprived Null of exculpatory evidence, and that the statutory extraordinary-circumstances provision did not require proof of why the service failed to respond. Justice Hobbs, concurring in part and dissenting in part, would remand for further findings on law-enforcement diligence before affirming suppression of the refusal evidence and dismissal of the DUI charge.