In Los Angeles DUI cases, several questions get asked when the case is brought before the court. One of the most pertinent questions asked is whether the person had evidence of a substance within their bloodstream. This is usually determined by a breath test or a blood test. The officers in question need to make absolutely sure that alcohol or drugs were indeed a factor before the charges are levied.
Right now, a CHP officer is facing some serious questions as to his handling of a case that happened in 2014.
In this case, the woman who was driving swerved out of control and killed 6 people. Everyone was taken to the hospital, including the driver.
The officer did not order a blood alcohol test for the driver of the vehicle while she was in the hospital.
When the blood was taken from the driver, it was done without a search warrant. The defense is trying to have the evidence thrown out of court because of that reason.
The officer, however, carried a DUI kit with him in case the investigating officer needed it. When asked why it wasn’t used, he said that he didn’t know the facts of the crash and wasn’t the investigating officer.
Since he was not the investigating officer, he didn’t have the authority to get the DUI kit completed. The driver of the vehicle was unconscious when her blood was drawn, and attorneys are working it out in court as to whether the act was legal.
More testimony on this case will be handled soon.
If you’ve been accused of driving under the influence of drugs or alcohol, but there are parts about your case which don’t seem right, give us a call at our offices. Our Los Angeles DUI Attorneys can get all the details to make you look your best in front of the judge.