I gave a blood sample for a owi, and it came back from the lab, stating it was not sealed with red evidence tape.Also the arresting offcier, said she sent it out that monday,but according to the lab report it wasnt sent for a week and half. My ? is since the blood was not done properly and the police offcer made a untrue statment, can the blood not be used agaist me in a owi case?
2007-01-10 03:22:45 · 3 answers · asked by tommyhawk 2 in Politics & Government ➔ Law & Ethics
Sounds to me like you would prevail in a motion to suppress the tainted evidence. Any judge worth their salt would disallow this sample to be used against you. Do you have a lawyer? If so, s/he will know this, or should know it. If you are going in on your own, the judge just might throw it out on his own, IF you can establish that what you say here is true, which could mean putting the lab technician on the stand to verify under oath what you are claiming. You need to have a lawyer and you should win this case. BTW consider yourself very lucky and keep the booze away from driving ...pleeeze!
2007-01-10 03:33:28 · answer #1 · answered by mountain woman 3 · 0⤊ 0⤋
No, If you can prove all of the above, it won't fly. Mishandling of the evidence would be the reason, If it wasn't sealed the blood could belong to anyone. So even if you are guilty, you should be let go.
2007-01-10 03:36:20 · answer #2 · answered by Robert D 4 · 0⤊ 0⤋
A good attorney can beat it.
2007-01-10 03:30:58 · answer #3 · answered by oldmanwitastick 5 · 0⤊ 0⤋