Monder Law Group - News
DUI Testing and How It Works In San Diego
Evidence code section 1280(b) requires that any chemical test reports for a DUI must be made at or near the time the analysis was conducted. Waiting too many days is too long. Downer v. Zolin (1995) 34 CA4th 578, fn 5, 40 CR2d 288, indicates that a delay of six days is too long. The preparation of any DUI test is paramount to the conclusion of any DUI case in San Diego. The more prolonged the examination and report the better chance you have in winning your DUI case on the grounds that the DUI test was improper according to Title 17.
The application of reports in the justice system guides judges and jurors as to the actual facts of the case in making a decision if guilt is appropriate. The prosecution office will provide your DUI defense attorney with many documents that shed light on the scientific explanation of what occurred at the time of driving. However, proper police procedure should never take a back seat on the onset of the case. As an experienced criminal and DUI defense attorney, I have been able to get many cases dismissed before trial by shedding light on the inconsistencies within the officer’s report and what the scientific evidence indicates.
The first place an experienced defense attorney starts in the negotiation of your case will be at the preparation of the tests that were conducted that an expert will testify to on behalf of the prosecution’s team. By poking holes in the protocol of making sure the accuracy of the tests are conducted appropriately, the district attorney or city attorney will be more willing to show leniency to you and your case. There are many hearsay objections that can be made as to whether the test results in the form of a lab report is even admissible and whether or not it is solely useable as evidence to establish the driver’s BAC.
It is at your advantage if the prosecution does not have corroborating evidence to support the trustworthiness of the documents that they are trying to use against you at trial. No expert will testify that your BAC was above a 0.08% at the time of driving without first taking into consideration the circumstances surrounding the chemical test in the officers report and whether there is independent checks and balances to determine if the equipment was in working condition. DUI cases are dismissed all the time when officers fail to provide calibration and maintenance reports on their machines. Ultimately, there is a duty to report accurately and to eliminate any reporting of a false positive so that there is a fair judicial process.
If you have questions about the accuracy of the tests that were conducted in your San Diego DUI case contact San Diego Criminal and DUI Defense attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Lawyer