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chain of custody Tag

14 March
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Legal Issues with “Drug Busts”: What You Need to Know

Posted by Clint
in Blog
Legal Issues with Drug Busts: What You Need to Know

When the police conduct a drug bust, people arrested during the bust or linked to it may have some legal trouble ahead. Fortunately, a few common issues that come up during drug busts could help these people develop defenses in criminal court. Did the Police Have a Proper Warrant, and Did They Follow It? Often, drug busts happen on very short notice, after the police get a tip. They may seek a warrant from a judge late at night, on the weekend, or extremely quickly. In their haste, the warrant may omit key information or be limited in scope. When police execute...

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25 December
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Revealing the Flaws in Breathalyzer Testing Procedures in Court

Posted by Clint
in Blog
Revealing the Flaws in Breathalyzer Testing Procedures in Court

As DUI defense attorneys know, drivers may have excellent arguments that breathalyzer testing results should be excluded from consideration in court. Flaws in administering and interpreting breath tests abound. Which Kinds of Flaws in Breath Testing Can Be Shown in Court? The list of potential flaws in breath testing for DUI is long: Incorrect directions were given to a driver who takes a breathalyzer; Miscalibrated breathalyzer device used; Broken or old breathalyzer device used; Maintenance procedures for the breathalyzer were not followed; The specific model of breathalyzer has a fatal design flaw; Law enforcement broke the chain of custody for the results; ...

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20 December
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Revealing the Flaws in Blood Testing Procedures in Court

Posted by Clint
in Blog
Revealing the Flaws in Blood Testing Procedures in Court

If you received a blood test after a DUI arrest, you can reveal the flaws in blood testing procedures in court. Building a defense may involve challenging the basis for law enforcement’s determination that you were impaired – the blood test results. Results can be thrown out for a number of reasons: flaws in giving the test, the testing method used, storing and transporting the sample, and more. Flaws in Giving the Test  When giving a blood test, lab technicians must follow specific procedures for drawing blood and collecting the samples. Many lab techs have very little training on blood draws....

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08 December
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Excluding Illegally Seized Evidence in Court

Posted by Clint
in Blog
Excluding Illegally Seized Evidence in Court

Having illegally seized evidence excluded from consideration in court is the most important part of some criminal cases. Exclusion of this evidence goes to the heart of your Fourth Amendment right protecting you against unlawful search and seizure. The exclusionary rule prevents the prosecutors from using illegally obtained evidence against you in court, even if that evidence is incriminating. All evidence used must be relevant, or directly related to the charges against you, and competent, or collected and handled legally. When evidence is not either relevant, competent, or both, it may be excluded. There must be a valid search warrant or...

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03 July
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Challenging Oklahoma Blood Test Results in Court

Posted by rainmakeradmin
in Blog
Challenging Oklahoma Blood Test Results in Court

If you had your blood tested after a DUI traffic stop in Oklahoma, you may be wondering how to challenge the blood test results in court. Generally, blood tests have fewer calibration and procedural problems than breath tests, but there are still defense strategies to explore. In Oklahoma, the blood test must be administered in accordance with the testing laws, including 47 O.S. § 752. Only an authorized person, such as a doctor, nurse, physician’s assistant, or other employee approved by the hospital can draw your blood. This person must receive a written order authorizing blood withdrawal. For example, a law...

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