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Polk County Man Loses Appeal of Vehicular Homicide Conviction

A Polk County man has lost his appeal of his convictions on charges of vehicular homicide and four counts of serious injury by vehicle.

Michael Lomax was found guilty in connection with a traffic accident three years ago that claimed the life of Jennifer Garcia.

Police say he was doing better than 100 miles an hour at the time of the crash and was drunk. Lomax appealed arguing his right to privacy was invaded when law officers entered the emergency room at the hospital without consent.

But the Iowa Court of Appeals issued a decision Wednesday that said there is no expectation of privacy in an emergency room and its reasonable to expect that implied consent is given.

It also said it was clear there was evidence that Lomax was under the influence at the time of the accident because of the severity of the crash scene and the smell of alcohol about him in the emergency room.

 

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