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Can someone please provide me with a list or a number of objections i can make to the results of the blood test in a dui case?

San Diego, CA |

in calfornia

Attorney Answers 9


  1. This is why you should be trying to hire an attorney, at least for the DMV hearing. The objections you make depend on what the document(s) show. And you want to look for objections to make to all of the documents, not just the lab results.

    Additionally, having only the objections won't help you because you won't necessarily understand how to tie them into the closing argument. A DUI is not a Do-It-Yourself project.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  2. Sure say hearsay, lack of foundation, and multiple levels of hearsay. Doing it yourself will end badly. Hire someone that is a trained professional.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  3. There are literally dozens of areas that can be attacked, all of which require technical knowledge of the law. I would recommend going counsel to review what, if any, arguments you may have in your situation.


  4. It depends on what hearing you're talking about. For DMV, the usual objections are hearsay, Evidence Code 1280, 1271 (and the Glatman case). For Court, it could be much more--foundation, Confrontation. Or some other arguments about the science--whether they can prove the blood was tested properly, etc.

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.


  5. This is a question that really cannot be answered unless you attend a complete evidence course at a law school. Or have had years of experience in defending DUI. I would suggest that your best answer is to hire a competent DUI attorney.


  6. YOU don't make objections. Your counselor will make the objections.

    Do not try to fight a DUI on your own. You will lose. You will lose. Did I mention you will lose?

    You need to fin out about how to find a good lawyer who will look into the facts of your case and find the legal objections that may be available. Every case is different. Some cases, there is nothing to object about.

    Get a lawyer.


  7. To add to what my colleagues have already said, many of the objections are case or factually specific. it is impossible to list them out like a laundry list and hope they apply to your particular situation. Trying to proceed without a lawyer in this situation and facing a trained and schooled DA is like bringing a spoon to a gun fight.


  8. When my sink floods I call a plumber, when my car needs repair I go to a mechanic, when you get pinched for a DUI you should hire a locally experienced criminal defense attorney. Penny wise = pound foolish.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  9. That's like asking what scalpel to use so you can start doing your own brain surgery! DUI defense is at least that complicated, properly done, so trying to do it yourself is truly idiotic. www.kennedyforlaw.com

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