Trial techniques on succussfully excluding blood results on DWI case

In New Jersey if you are involved in an automobile accident that results in injures and possible drunk driving. The police, whether local or state, will have you transported to a local hospital for medical attention AND to take samples of your blood to determine (alcohol blood levels).

There are many ways to dispute the accuracy and reliability of the blood work drawn, analyzed and subsequent chemist calculation of blood alcohol levels. But if there are issues dealing with chain of custody or other, it might be a good trial strategy to attack the blood samples via N.J.R.E. 104(a) hearing.

N.J.R.E. 104(a) hearing is a pretrial hearing that focuses on the admissibility of evidence when the particular evidence is subject to fulfillment of a condition. For example, in a blood case issues dealing with chain of custody or in a Alcotest 7110 issues dealing with 20 minute observation/deprivation period.  It should be noted, that the New Jersey Rules of Evidence are relaxed during a 104  hearing and the Judge, for the most part, can hear and take into account all evidence he or she feels is relevant, including hearsay evidence.

If you have been charged with a DWI or DUI, give Dan T. Matrafajlo a call for a free office consultation to discuss your case.

 

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