In 2014, Olivia Carolee Culbreath was a party of a deadly wrong way car crash which left 6 people dead. During her court hearing in January 2015, she pleaded not guilty to six counts of murder. She is back in court this month to challenge the blood test that was taken without a search warrant. The California Highway Patrol Officer is also in court testifying as to why it took so long to retrieve a blood sample to check for her blood alcohol level.
Culbreath’s defense is hoping that the blood sample not be used in the case because it was taken without a search warrant.
On the day of the crash, Culbreath was driving approximately 100 miles per hour on the 60 freeway when she crashed into an SUV. The two passengers in her sports vehicle died in the crash and the passengers of the SUV died as a result of being thrown out of the vehicle due to the severity of the impact caused by Culbreath’s car.
Culbreath was taken to USC Medical Center where the officer in charge of monitoring her hospital stay arrived with a DUI kit but did not take a sample of her blood because he was not sure of who the investigating officer was. There are rules in taking a DUI blood sample once the investigating officer arrives. The defense attorneys are contesting the fact that her blood sample was taken while she was unconscious. Culbreath being unconscious would not allow her to consent to the blood test. The officers have testified as to why they had to wait to take her blood sample. The hearing will resume February 8th. The court will have the medical personnel who took the blood sample testify.
Should her blood sample be used in the court of law despite it being taken without her consent?