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David Bisard (WIBC.com file photo: Mike Corbin)
The Indiana Court of Appeals says blood drawn from IMPD officer David Bisard after a fatal crash in 2010 is admissible against him in court.
Then-Marion County Prosecutor Carl Brizzi dismissed drunken-driving charges against Bisard after concluding the technician who took Bisard's blood didn't fit the list of professionals described in state law.
A judge agreed after new prosecutor Terry Curry refiled the charges. A unanimous Court of Appeals says two state laws are in conflict, but the clear intent is for any trained professional to be allowed to draw blood. It cautions against what the court calls "an excessive reliance on strict literal meaning."
Bisard's attorney says he'll probably appeal the ruling to the Indiana Supreme Court.
Bisard's trial has been on hold while the evidence issues are resolved. He's charged with DUI and reckless homicide in the crash which killed a motorcyclist and injured two others.
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