A Columbia man previously convicted of assault was granted a new trial yesterday [Wednesday] by the Missouri Court of Appeals.
Nathaniel Osborn was convicted of two counts of second degree assault for running a red light in February 2015, which resulted in a car crash where a mother and daughter were taken to the hospital.
Officer Nathan Turner with the Columbia Police Department asked Osborn if he could take a breath test, but due to a mouth injury was unable to give verbal consent.
Turner then asked a nurse to take a blood sample from Osborn without reading implied consent to the suspect.
Turner then later got a search warrant for Osborn’s emergency records which included a toxicology report indicating his blood alcohol level. This evidence was used in Osborn’s trial.
The appeals court ruled the blood draw was the product of an illegal search.