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.