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Bill

A 3298

Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."

2024-2025 Regular Session

Requires mandatory blood samples from drivers in fatal motor vehicle accidents to detect impairment, raising Fourth Amendment and consent questions.

Introduced in the Assembly, Referred to Assembly Public Safety and Preparedness Committee
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Bill Summary · A 3298

Legislative bill overview

Bill A 3298 would mandate that police obtain a blood sample from any driver involved in a motor vehicle accident that results in a fatality. The bill is named "Michelle Sous' Law," suggesting it was prompted by a specific incident. This appears designed to facilitate toxicology testing to determine whether impairment contributed to fatal crashes.

Why is this important

Fatal motor vehicle accidents are a leading cause of preventable death, and impaired driving (drugs or alcohol) is a significant factor in many fatalities. Mandatory blood testing could provide clearer evidence in fatal accident investigations and potentially deter impaired driving. However, the bill raises questions about when testing occurs, consent procedures, and how results are used legally.

Potential points of contention

  • Fourth Amendment concerns: Requiring blood draws without a warrant or clear consent could face constitutional challenges regarding unreasonable search and seizure
  • Scope ambiguity: Unclear whether the requirement applies to drivers at fault only, all drivers involved, or even passengers; whether "involved" means drivers or all parties
  • Due process implications: How blood samples are obtained (consent vs. compulsion), stored, and used in criminal proceedings needs specification
  • Implementation details: No mention of who bears costs, timeline for testing, chain-of-custody procedures, or what happens if a driver refuses

Compiled from official sources — confirm details with the bill’s official record.

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