» Entries tagged with "702"

A DUI Victory! (Mostly…Well A Little, At Least)

In 2012, I discussed the fact there were real problems with the scientific evidence offered by the state in criminal cases and that many courts not only let the questionable evidence come in, but even prevented the defense from bringing up the problems. In 2013, I wrote about the problems with a machine used for blood tests in Scottsdale DUI cases specifically, and about how a superior court judge actually ruled that blood test results in several cases were inadmissible pursuant to Rule 702 of the Arizona Rules of Evidence because the scientific principles and methods weren’t being applied reliably because of their equipment problems. Always the skeptic (and usually right), I was less than optimistic about what the appellate court would do. In 2014, I was (sadly) proven right, and … Read entire article »

Filed under: DUI

Scottsdale’s DUI Problems

Over a year ago, I complained about courts making the defense prove that the state’s deeply flawed scientific evidence, which you can show for a fact was not just flawed but verifiably false in similar situations, was in fact flawed in your client’s case before you are allowed to tell the jury about issues that came up in other situations. The problem is finally coming to the surface. Imagine a situation where a particular gas chromatograph mixes up names and reference numbers of vials of blood being tested for blood alcohol content in DUI cases. It also stops running completely during tests and deletes baseline information. The state’s “expert” acknowledges those and numerous other problems, and he admits he has no idea why the problems happened. On … Read entire article »

Filed under: DUI

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