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Has anyone encountered any problems using the chain of custody affidavit? Any wording changes suggested?
 
Posts: 170 | Location: San Antonio, TX | Registered: May 31, 2002Reply With QuoteReport This Post
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I started one time to try to use that for DWI blood results. I decided that it was too risky to not have the state paid chemist there in person. Jim Thomas, the DPS chemist makes a good impression on the jury so why not take advantage of that. If there is a snag in the affidavit process them my whole case falls apart.

This was right after the statute was passed. I also encountered folks at the DPS lab that were, at that time, clueless about the whole process. John Hutchison CA
 
Posts: 59 | Location: Spearman, TX, Hansford | Registered: March 09, 2004Reply With QuoteReport This Post
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I assisted the DPS after the legislation passed and they now have the affidavit forms in their database. I obtain them all the time. The statute itself, like the business records affidavit, has the preferred format spelled out. I cannot imagine any problem with admissibility. If the case is important enough, a live witness is always preferrred. The affidavit statute was designed for use in routine controlled substance cases.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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