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McDUFF v. STATE

No. 1998-KA-01010-SCT.

763 So.2d 850 (2000)

Beverly Ann McDUFF a/k/a Beverly Hurst v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied August 3, 2000.

Attorney(s) appearing for the Case

T.K. Moffett, George S. Whitten, Jr., Tupelo, Attorneys for Appellant.

Office of the Attorney General by Dewitt T. Allred, III, Jackson, Attorney for Appellee.

EN BANC.

PRATHER, Chief Justice, for the Court:

INTRODUCTION

¶ 1. The Court is asked to determine the constitutionality of Miss.Code Ann. § 63-11-8 (1998), which provides that any driver involved in an automobile accident from which a fatality occurs shall have his blood drawn and tested for the presence of alcohol or drugs, regardless of whether probable cause exists to believe that the driver was under the influence of alcohol or drugs.

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