With all of the recent publicity surrounding DWI Blood test cases, a few months back, I decided to write a paper on how to fight DWI blood test cases.
Well, the paper was coming along very slowly, and I quickly realized my topic was too broad. I decided to narrow it down to remove all "constitutional/"are the warrants illegal" areas, and leave that area to another legal scholar. In general, I think the Transportation Code is so clear, I didn’t want to get on my soapbox about it any more. Plus, I have read (but don’t buy into) the Beemon case which is where most prosecutors point to.
If anyone is interested in working on a paper with me, let me know. Maybe a law student out there??
My future topics will include:
- Retrograde Extrapolation
- Attacking the Probable Cause in the Warrant Itself
- Breath Test Coercion
- Chain of Custody Issues
- Keeping the Blood Out
- Creating Doubt
- Fighting the blood drawer as a "Qualified Technician: (Fight going on today.. read about it here!)
- Whole Blood vs. Serum Blood
- Retesting Independently
- Presentation of the Warrant (already covered quite well by Sarah Roland in this article)
- Poor Lab / Testing Procedures
- Gas Chromatography / Enzymatic Method
I hope you enjoy (and help contribute) to the upcoming series "How to Fight a DWI Blood Test Case"