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Blood Test Seminar – Live Blogging – Pre Trial Discover

The pre-trial discover portion of this seminar is being taught by Houston DWI lawyer Troy McKinney.  Troy is responsible for putting on many DWI seminars, and speaks at most of them.  Not to be confused with Collin and Dallas DWI Attorney Troy Burleson (my law partner).

First off, you cannot defend a blood test case without Documents.  You need to know what they have.  You need it to prepare, educate the judge, and confuse the prosecutor. 

PS – as a totally random side note, the Houston’s Crowne Plaza’s cups suck.  They leak.  I got 2 coffees, and both of the cups I used leak out of the bottom.  Also, this is the first time I didn’t pay to get the book along with the CD.  I think that was a good decision.  Especially when you can bring in and plug in a laptop and pull it up.

Very often, you are going to need an expert.  Even if not at trial, you’ll need them to review the documents you get.

There is a lot of legwork that can be done on looking into Accreditation of the laboratory. This comes into play at not only looking at the  lab that did the testing, but any lab that you might have used to retest the sample. 

His lecture was pretty complex.  I certainly cannot relate all of it here.  The problem I have at a lot of these seminars (especially the scientifically based DWI seminars, is that without an expert, none of this stuff will ever come into evidence.  It is definitely impossible to cross examine a cop on this stuff, and pretty tough to cross the state’s lab expert on it as well.  You will need an expert of your own to come in and explain a lot of it.  Remember, attorney’s cant testify (technically), only witnesses.

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