Tuesday, August 06, 2019

BLOOD AND GUTS

DUI defense is a dirty business, You need to get into the blood and urine and have a familiarity of body fluids and the presence or absence of alcohol. 
Alcohol we can handle. The rest of the business is why we prefer a good fraud case, especially with refreshers. 
But word comes from the Dean of DUI mavens that a change is afoot. A bloody bad change as it were. And for those of you that undertake such a defense, it could be the difference between prison or not. So be advised and read below. 





As of August 1, 2019, the rules for obtaining the “litigation package” from the Miami-Dade toxicology lab for all blood and urine test documents has changed. Now, instead of making the request directly to the laboratory, you need to request these documents from the State Attorney’s Office. The SAO website has been changed to reflect this new policy and it no longer requests that you request these documents directly from the laboratory.



While I disagree with the changing of this long standing procedure that had worked so well since the days when the building we toil in was called the Metropolitan Justice building, I have been assured by the “powers that be” a.k.a. “those who shall not be named and definitely will not be questioned” that this is their new policy, period. If the prosecution rejects your request for said documents, you are left to the filing and arguing a motion to compel before the presiding judge.



Finally, I implore you all not to neglect to request these important documents, even if the prosecution has imposed such a policy. Several years ago, I requested and received such a “litigation package” and I immediately knew that something with the tests results was just not right.



After consultation with two noted experts, I brought the lab technician in for his deposition. I introduced him to my two experts, who I had brought in for the deposition, one of whom had set up that lab and the other who had written the book on the detection of drugs in blood samples. I then proceeded to slide the litigation packet across the conference table and stated, “rather than go through the usual preliminary questions, I will get right to the point. I do not see cocaine in your test results. Dr. B has reviewed the paperwork and he does not see any indication that cocaine is present. Dr. C has reviewed the paperwork and he does not see any indication that cocaine is present. Can you please show us all how cocaine was present in Ms. ___’s blood test results, and in the amount you reported?”



After several minutes and some hemming and hawing, he stated, very quietly at first, “there is no cocaine.” After I had him repeat that there was no cocaine present, I ask him what he had reported as being cocaine (and which the lab director had signed off as being cocaine. “Machine noise.” Yes, machine noise!



That was the difference between 10 ½ years in prison (the bottom of the guidelines and the plea that her previous attorney had advised her to accept) and freedom.



Need I say anything more?

No you do not. There is a reason why lawyers specialize in such fields, and you sir are it. Well done. Well done indeed. 

3 comments:


  1. The Captain Reports:

    WORD OF THE DAY GUYS ......

    Today's Word of the Day is: PERSNICKETY

    Rumpole considers himself a foodie and he was very persnickety about the restaurants he patronized.

    Now readers, let's see you use it in a sentence.

    Cap Out .....

    ReplyDelete
  2. Rumpole is so persnickety about the exquisite gastronomical delights at The REN (a venue) that he will call the Shumie at the office in order to go to the restaurant to watch the chefs prepare his meal at his exacting specifications.

    ReplyDelete

  3. THE CAPTAIN REPORTS:

    SAD NEWS .....

    Senior Judge Martin Shapiro has passed away.

    Judge Shapiro was a Double Gator. He received his undergraduate degree in 1958 and his JD in 1961. He then practiced primarily real estate law for the next 39 years.

    Judge Shapiro served as a Commissioner for the Town of Bay Harbor Islands from 1979-1985. In 1985 he was elected Mayor and he served four years in that position. He then moved to Miami Beach and he was immediately elected as a Commissioner in Miami Beach in 1989 and served five terms until 1999.

    Judge Shapiro was elected to the bench in 2000 when he defeated Nancy Pollack by 364 votes (out of 170,000 ballots cast) in one of the closest judicial elections in Miami-Dade County history. He retired from the bench at the completion of his term in 2006 and he has been serving as a Senior Judge ever since his retirement.

    Captain Out .......
    Captain4Justice@gmail.com

    ReplyDelete