So there's a case with a DWI blood draw and the blood was sent to Pennsylvania for testing.
I'd like to enter the report in using a certificate of analysis affidavit form that I've prepared following CCP 34.41.
However, the lab says they will charge $75 to prepare a document with the same information that I'm asking about.
I've never had a case where a non-DPS lab was involved. Is this charge typical? What are your experiences dealing with blood being sent out of state for analysis?
Hmm. Why would the State not choose to hire someone in Texas to perform this work? Does not seem cost-effective to me, or of any benefit to local economy.
Unfortunately, some of the finest labs in the country are not located in Texas. Here's a prime example Rocky Mountain lab
I challenge you to find a lab in Texas that can match what these folks can do.
Rocky Mountain lab is not ASCLD accredited!
Is it NMS? We are getting these, too. I was advised by the DPS Crime Lab in Austin that they contracted with NMS to help with their back log. NMS also told us about the charges for the cert. of analysis, and it's even extra for an affidavit if we want that. To date, we haven't had to "buy" our evidence because these few cases have plead. I imagine the DPS crime lab is aware of the fees... but I can't say that with certainty.
Wait a second. DPS is supposed to be free for law enforcement testing. If they contracted with someone else, the certificate should be included within that contract. This smells like a feedlot to me.
It is the NMS lab in PA.
Our office contacted DPS in Austin who arranged to cover the bill.
Thanks for the follow-up!
I wish more posters would do that so that ... (hint, hint)
so subpoena them to Texas a few times and see if they don't become more cooperaative.
I'm with Integrated Forensic Labs (IFL) in Euless, Tx. We are both ASCLD/LAB and TxDPS accredited in many disciplines, including BAC. We do NOT charge for CoA's or other administrative documents (affidavits, restitution forms, and ALR's). We do charge for large subpoena requests, but those are rare.
One agency (I wish there were more!) in my County uses IFL. They are excellent! Insanely fast turn-around time on blood alcohol testng, great staff, etc. Ron knows what he's doing.
Money's always tight, DPS is free, IFL is not - but: You get what you pay for!
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