State v. J.R.
Nov 25, 2008OUTCOME: Not Guilty following jury trial
Extremely complex case involving a blood test and partial breath test result. Client's apparent BAC was .16% and the evidence appeared to be solid against him. State refused to offer a lesser offense ... and client had too much to lose so it went to trial. Trial was a 2 day trial that centered around performance on the field sobriety tests and the errors made in both drawing the blood by the hospital nurse and testing the blood by the state lab. The state called 3 witnesses, which included the investigating officer who had over 30 years experience, the nurse who drew and packaged the blood sample and the chemist who analyzed the sample. The Defense called one witness, a forensic chemist who was called to the stand to challenge the testing protocols on the blood sample as well as the analytical integrity of the testing process. The trial lasted two complete days. The jury deliberated for less than 3 hours and returned a NOT GUILTY verdict.