MADISON – Blood taken from a Norfolk man accused of vehicular homicide will be allowed as evidence at his upcoming trial.
In a decision filed Tuesday, Madison County District Court Judge Mark Johnson overruled four motions to suppress blood and urine samples taken of 23-year old Brandon Plante. Plante’s attorneys had argued those samples were inadmissible as evidence, citing a recent U.S. Supreme Court ruling stating that police can’t forcibly draw blood from individuals suspected of drunken driving without a warrant.
But in his decision, Johnson wrote that the blood draws were justified and allowed under exceptions allowed in the Supreme Court’s ruling. Court documents indicate that there is reason to believe Plante was driving under the influence of alcohol on June 26th, when he crashed head-on with another vehicle on U.S. 81, killing Norfolk residents Tar Eh and Yeh Htu.
Plante is scheduled to go on trial in December.