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DWI Defense Project Seminar – Live Blog – ALR Update & Keys for Obtaining Blood Evidence

Well, the ALR Update and "They key to obtaining evidence for a blood test case" is going on now.

So far, all of the updates that were given, I have covered in the past.  Most of them deal with items I have already gone over in a the past post "Everything You Need To Know About the New ALR Rules.  I’ll stick to new things I learn. . . Mostly about the blood test cases, especially voluntary blood draws.  Because if it is a blood warrant case, SOAH just deals with the case as a refusal, so not much changes. 

The speaker said he spoke to a local SOAH judge, who said that he needs to really go over the new changes.  Because in their opinion, there have only been 5 attorneys who are now doing it correctly! (I assume I’m in that minority!!)

BLOOD ISSUES:

-You can ask for a subpoena for the people that did the blood analysis.  However, the judge in the case is the one that must grant the subpoena request.  I’m not really sure this will get us anywhere.

That’s it.  Nothing more was mentioned.  What a disappointment.  This was the single most important issue that I think would have helped me defend my clients from this seminar.  All the time was spent discussing the new rules, and nothing about how to get evidence in blood test cases.  Yuch.  Very disappointing.