If you are the defendant in a
DUI case, chances are that your case may eventually go to trial. Your Orange County
criminal defense lawyer has numerous weapons in his defense arsenal; what
is used will depend on the specifics of your case. One of these weapons
is a means of countering the testimony of the blood analyst. Assuming
you have a positive test result for intoxication from a
blood sample, the prosecution will most likely put the blood analyst on the stand.
The jurors may view the blood analyst's testimony as very credible,
but your attorney can elucidate a point that may work in your favor. Jurors
tend to think that blood analysis is done on an individual basis, but
this is often not the case in real life. Combine this misconception with
a tendency to distrust automation, and the jury may begin questioning
the blood evidence.
Jurors will likely be surprised to learn that blood analysis is conducted
with an automated process called gas chromatography. When your lawyer
questions the blood analyst on cross-examination, he may begin with bringing
this fact to light. He may then ask the blood analyst if other samples
were tested at the same time.
Since the analyst is accustomed to lawyers who are not knowledgeable of
the test procedures, he will likely skirt the truth by saying that a few
other samples may have been tested concurrently. Your lawyer will then
ask questions that force him to admit that some 40 other samples were
tested at the same time. When the jury then hears that the analyst was
not even in the room when much of the analysis was taking place, they
will be more likely to doubt the witness and the test itself.
When a witness colors the truth, jurors begin to doubt the testimony. If
you are facing a DUI trial, call dedicated Orange County DUI attorney
Barney Gibbs for an evaluation of your case. The initial consultation
is free of charge, so do not hesitate to
contact The Law Office of Barney B. Gibbs today.