July 18, 2007, 16:32
G DudleyBlood via 38.41
Anybody see why we could not prove up a DWI blood result via CCP 38.41 just like we prove cocaine is cocaine, without requiring the chemist to come live? I only see the issue of not having a state's expert to work extrapolation, but that is seldom an issue in our county, anyway.....Ur thoughts?
July 18, 2007, 17:03
Ken SparksYes, with Shannon's help, I wrote the legislation broadly enough to allow an affidavit to be filed in any analysis situation, including a DNA result. Obviously, there are some situations, as you recognize, where you would want to have the witness present.