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  1. #11
    Join Date
    Oct 2014
    Posts
    7,431

    Default Re: Challenging a Blood Test

    Quote Quoting Mark47n
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    That's crazy. I got all of my bloodwork for my last physical in about 5 minutes but a simple test for BAC is something that should be able to be done as quickly wherever the blood is drawn.
    Yes, but you aren't having the test done with an eye toward having it admitted in court as evidence. The state has to ensure that the test will meet the requirements for admissibility, which means doing things that a regular medical clinic may not do, like documenting chain of custody, ensuring the test is done to specific requirements, properly preserving some of the blood to provide the defense in discovery so the defendant can have it independently tested, and knowing who did the test so that person can testify as an expert should the defense challenge the test results. For all these reasons and more police departments prefer to use their own labs or the lab of the state police (or whatever they may be called in that state). And those labs tend to be short staffed such that they cannot run the tests the moment they come in like a hospital or medical clinic may be able to do.

  2. #12
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,418

    Default Re: Challenging a Blood Test

    Quote Quoting Taxing Matters
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    Yes, but you aren't having the test done with an eye toward having it admitted in court as evidence. The state has to ensure that the test will meet the requirements for admissibility, which means doing things that a regular medical clinic may not do, like documenting chain of custody, ensuring the test is done to specific requirements, properly preserving some of the blood to provide the defense in discovery so the defendant can have it independently tested, and knowing who did the test so that person can testify as an expert should the defense challenge the test results. For all these reasons and more police departments prefer to use their own labs or the lab of the state police (or whatever they may be called in that state). And those labs tend to be short staffed such that they cannot run the tests the moment they come in like a hospital or medical clinic may be able to do.
    admittedly this is tangential but many of these tests are performed using machinery now. My bloodwork was not processed by a lab, a sample was taken and placed in the equipment where it was processed. 124 days to perform such a simple test is ridiculous.
    "Where do those stairs go?"
    "They go up!"

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Challenging a Blood Test

    Quote Quoting Mark47n
    View Post
    admittedly this is tangential but many of these tests are performed using machinery now. My bloodwork was not processed by a lab, a sample was taken and placed in the equipment where it was processed. 124 days to perform such a simple test is ridiculous.
    Welcome to the world of limited resources that is our criminal justice system.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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