Woman gets 5 years for drunken driving / LJWorld.com

Archive for Sunday, May 27, 2007

Case prompted blood-drawing order

Associated Press

May 27, 2007

Olathe — A woman whose case prompted Johnson County District Attorney Phill Kline to tell hospital workers they must draw blood from unwilling patients in some drunken-driving accidents has been sentenced to five years in prison.

Genia Hope Robinson, 35, of Lenexa, pleaded guilty in March to driving while under the influence of alcohol and two counts of aggravated battery for a Jan. 11 traffic accident in Overland Park. It was her fourth DUI conviction, and two people were seriously hurt in the crash.

During Friday's sentencing hearing, Assistant District Attorney Patrick Carney told District Judge John Anderson III that Robinson's blood alcohol content was 0.14 more than two hours after the accident. The legal limit in Kansas is 0.08.

Defense attorney Damon Mitchell said Robinson "offers no excuses and is prepared to do her time. ... She has learned her lesson."

Outside the courthouse, Carney said the sentence was one of the stiffest ever imposed in the county in a DUI case in which no one died.

Kline said prosecutors might not have gotten the conviction if they had not pushed that night for Kansas University Hospital in Kansas City, Kan., to draw blood from an unwilling Robinson.

Hospital staff initially refused to draw the blood, saying doing so would violate federal laws regarding patient privacy.

Prosecutors obtained an oral warrant from a judge to get the hospital to draw the blood, Kline said.

Later, Kline met with Kansas City-area hospitals to tell them that Kansas law requires them to draw blood from unwilling patients in serious or fatal DUI accidents. He said he told them the law required them to draw the blood even without a warrant.

Under Kline's policy, hospital workers who refuse could be arrested.

"We're getting good cooperation," he said Friday.

Hospital officials have said that while they want to cooperate with prosecutors, they also must follow federal regulations.

Discussion

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27 May 2007
at 9:09 a.m.

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Ragingbear (Anonymous) says…

Meanwhile, a person that should have seen 13 years behind bars for repeatedly raping a 14 year old gets probation….
27 May 2007
at 11:33 a.m.

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smitty (Anonymous) says…

Agreed!! Ready for the revolution? But then the rapist is male and the drunk is female. We do have different expectations of our wo/men.
27 May 2007
at 11:56 a.m.

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Jackalope (Anonymous) says…

Guideline sentencing (state legislature) and plea bargains (county prosecutors.)