KGUN 9NewsLocal News


Ruling permits Arizona court to consider Nevada blood sample

Posted at 9:44 PM, Jun 07, 2019
and last updated 2019-06-08 00:44:15-04

PHOENIX (AP) - An Arizona appeals court has upheld a man's convictions and sentences stemming from a DUI crash in Mohave County, ruling that a trial court was correct to consider results of a blood sample taken in Nevada in circumstances not permitted in Arizona.

The ruling Thursday said the sample could be used as evidence in Arizona against Don Jacob Havatone under a good-faith exception because Nevada then had a law allowing a sample to be taken from an unconscious suspect.

The case stemmed from a 2012 crash in which Havatone's SUV swerved into oncoming traffic and collided with another vehicle. His blood sample taken in Nevada and tested in Arizona showed a blood alcohol concentration of 0.21.

He was convicted of aggravated DUI and other crimes and sentenced to 17 years.