When a DUI investigation is conducted, one can expect at least a breathalyzer, urinalysis, or even a blood test to be administered to the possible perpetrator of the crime of driving while under the influence. However, a new Supreme Court ruling states that crime lab supervisors are not able to actually participate within a court of law if they themselves did not actually oversee and participate in the testing of such much materials, including testifying to a judge or jury pertaining to any evidence given, analyzed, and recorded of the possible DUI offender.
Specifically, crime lab supervisor tests samples of blood or urine in cases, such as DUI, that helps determine the driver’s state at the time of the investigation. The new law states that under the Sixth Amendment, it would be a violation of any defendant’s rights if a surrogate testimony occurred from a lab supervisor. In Florida, all individuals, whether DUI related or not, have the right to a trial by jury, which is strengthened by the any accusation that a party is guilty. The new ruling also states that a cross examination of a surrogate witness is not able to satisfy the court of lay, even if they may be familiar within any evidence or facts relating or pertaining to the case at hand. An example of such a case can be seen when a man was convicted in New Mexico of driving while under the influence and denied the officer to administer him a breathalyzer test. After the incident, officers issued a warrant to obtain a blood sample to test the alcohol content of the man to solidify DUI charges against him.
From there, the man took his right to a speedy trial at hand and filed a lawsuit. When prosecutors began to attend to obtaining witnesses to testify in court about the man, of course the lab supervisor was one of the witnesses. As stated by a prosecutor, the lab supervisor had not actually conducted the tests and an analysis on the blood at all, which a technician that was currently not with the lab had conducted. However in this case, the judge overruled the defenses objection to the supervisor’s testimony, and the man was inevitably convicted of driving under the influence. Now, thanks to our recent ruling, we can count on specifics, and reliability within the court of law to help insure that all convictions are set forth justly.
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