In light of the Brian Gregg Bill that is being promoted by both Frank Farry, and Gene DiGirolamo, I wrote to them expressing my concern over the legal ramifications of this bill, as well as the issue of Bensalem’s EMS having committed illegal DUI Blood Draws. It was interesting enough to see that one of Gene’s people responded to my email, but imagine my ‘shock’ to see that the next person to respond, was none other than Fred “Sherriff Lobo” Harran!! Check out what he sent me by email, and decide the truth for yourself.
Mrs. Saddler
Sorry I was not able to talk to you today please let me know when is a good time and I'll be more than happy to discuss many issues you have raised until then please know that the use of paramedics taking blood on dui's in Pennsylvania is perfectly legal this is been approved by the District Attorney’s office in accordance with the Pennsylvania crimes code. Additionally paramedics will not be taking blood in the field a special room has been designed within our holding area so the paramedics make take blood safely from suspects. The issue concerning the blood draws that have already been done poses no threat to losing these cases in court you the issue was a technical issue not a legal issue. Please let me know if you if you need any other info
Not a legal issue?? So you're telling me that it’s PERFECTLY LEGAL for paramedics to do DUI blood draws?? Where in the world does he get that one?? If that is so true, then why was the BTPD and the Bensalem EMS forced to stop, after they were caught doing this ILLEGALLY?? Lobo also claims that this is acceptable according to the PA Crimes Code, but I looked at it, and found NOTHING to support this. As a matter of fact, according to current PA State Legislature, it’s ILLEGAL! Check out the link and section below to see for yourself.http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm…
§ 1547. Chemical testing to determine amount of alcohol or controlled substance
(2) (i) Chemical tests of blood or urine, if conducted by a facility located in this Commonwealth, shall be performed by a clinical laboratory licensed and approved by the Department of Health for this purpose using procedures and equipment prescribed by the Department of Health or by a Pennsylvania State Police criminal laboratory. For purposes of blood and urine testing, qualified person means an individual who is authorized to perform those chemical tests under the act of September 26, 1951 (P.L.1539, No.389), known as The Clinical Laboratory Act.
Let me make something VERY clear. I am in NO WAY knocking first responders, but I want to make certain that ALL involved follow the law on this matter. The chief of Penndel-Middletown and the head of the Bucks County Ambulance Squad were more than right to express their concerns over this, especially over the legal ramifications as well as it being a public safety issue. I am also rather disappointed that I have not heard DIRECTLY from Reps Farry, and DiGirolamo, but either send an aide, or a disreputable Public Safety Director to respond. To sum it up people, what I am being told by Lobo is nothing more than a flat out fairy tale, and nothing he says or does will make it so.
TRY AGAIN LOBO. TRY AGAIN!!!
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