Fla. Supreme Court to Hear Blood Alcohol Challenge – Marion County Criminal Lawyers Hernano County Criminal Lawyer Citrus County
The Florida Supreme Court is set to hear a set of challenges for the states rules and methods for testing blood alcohol levels in drinking and driving cases. The challenge is part of an appeal from a Palm Beach millionaire convicted of DUI manslaughter after hitting and killing a 23 year old.
The argument’s main focus is the perceived lack of safeguards provided by the rules of the Florida Department of Law Enforcement. The defense has argued that the FDLE does not provide sufficient operating procedures and documenting, and that the samples are not scientifically reliable.
The defense has further argued that the needles used by the FDLE can be prone to clotting which can artificially provide higher blood alcohol content in tests.
The defense lost at the district appeal level and will be looking to have that decision overturned. The implications of this case could be far reaching if the Supreme Court of Florida finds that blood draws previously done by FDLE are not reliable evidence.
If you or someone you know has been accused of driving under the influence (DUI) or any other crime, call Cagan & Cagan today for a free consultation at (352) 683-9100.
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