It's also normal to not edit videos and it's also normal for them to be trained on proper procedure for evidence collection but they obviously didn't do anything "normal" in this case so we can't assume that they did ask her. We just can't because of their other actions and inactions.
Her last drink was at 12.45 according to the post by kdg. There is no point taking a BAC level without asking the suspect when they last had an alcoholic drink. That is standard police procedure. She wasnt seen by LE till 9am.
STANDARD is the key word here. They did absolutely nothing standard and that is why I can't possibly assume that they did.
We can't assume they didnt ask her either. If they took her BAC at 9a.m. it would be pointless without the other factor for the calculation. Without it they couldn't have arrested or even charged her. Her lawyers would have challenged that straight away.
If none of this was done, why didn't her lawyers challenge it and get it thrown out then?
Did you not see anything that happened in the trial? It is documented that they did none of that. They even admitted to most of it was not done when defense asked them point blank on the stand and there is so much more. That was just what was in my mind at the time.
I've seen at least once where he did try to get it dismissed. How do you know there weren't more times? If a prosecutor wants a case tried, he's going to try it no matter what the defense squawks about.
Her lawyers didn't challenge any of the evidence? Is that what you are saying? No I haven't seen anything in the trial. I thought she had s**t hot private lawyers, it was said.
That is exactly what they did on cross and when it was their turn to present their case. They challenged nearly every single thing the prosecution presented and brought in experts that refuted nearly everything the prosecution presented. It's documented throughout this entire thread. Summer did an excellent job of keeping us updated what was going on each day on here.
The hospital, upon intake, drew her blood. In the series of tests ethanol is also tested. The hospital did not perform a BAC. Only a state laboratory can do this testing and they use whole blood for accurate results. A hospital only uses serum testing because they are trying to assess and treat quickly.
www.new-jersey-dui-defense.com
Correct, neither Canton nor MSP memorialized this is any reports.
Where did the BAC report quoted come from then?The hospital, upon intake, drew her blood. In the series of tests ethanol is also tested. The hospital did not perform a BAC. Only a state laboratory can do this testing and they use whole blood for accurate results. A hospital only uses serum testing because they are trying to assess and treat quickly.
Hospital Blood Alcohol Lab Results: Are They Forensically Reliable? - Law Offices of Christopher L. Baxter
From time to time, you may encounter a DWI or vehicular assault/homicide prosecution where the State is attempting to introduce a defendant’s blood alcohol level obtained from a hospital lab rather than the State Police or county forensic laboratory. Traditionally, law enforcement obtains a...The Lack of Forensic Reliability of a Hospital BAC Result
While EIA testing achieves clinical and diagnostic objectives, it is not forensically reliable for a DWI or criminal prosecution where a blood alcohol level needs to be proven beyond a reasonable doubt. The reasons for its forensic unreliability can be organized into four categories.
The quote was her level of Ethanol from her ER visit. It was part of her medical records entered into evidence.
Ok. I will quit asking questions as it is late here for me now. Maybe the verdict will come in Monday.