Youn

FACTS

On October 3, 2011, at about 6:30 p.m., defendant was involved in a serious vehicle collision. When Officer Jason Olson arrived at the scene, emergency personnel were loading two patients into ambulances. One of them was defendant. The officer at the scene asked Officer Olson to evaluate defendant for being under the influence. Officer Olson observed that defendant was strapped to a backboard with full head restraint; was combative, “actively trying to move his arms, fight with the paramedics”; had “rapid unintelligible speech”; and was “in and out of [consciousness].” Officer Olson followed defendant to the hospital, where medical personnel were in the process of intubating him. Defendant was also combative with the hospital staff, so they began to sedate him. Officer Olson, who was trained (and trained other officers) as a drug recognition expert, concluded defendant was under the influence of a drug stimulant (not a narcotic or alcohol). He observed the staff administer three or four doses of very potent sedatives, and defendant was “still combative with them.” Officer Olson believed “something had to be going against this highly potent sedative” being administered.…