San Diego DUI attorneys discuss DUI blood: A draw in court
An over-enthusiastic justice system makes mistakes and has the effect of further confusing those who may attempt to assess its propriety.
First, DUI / drunk drivers don’t belong behind the wheel.
Second, how is a DUI enforced within constitutional and objective means?
Two different DUI judges, both ostensibly objective, have ruled in opposing ways.
One DUI judge ruled that officers’ drawing of blood was improper, and dismissed a DUI case: Judge throws out Dalworthington Gardens DWI blood test results.
Another DUI judge found that there was essentially no problem with the practice of officers taking blood samples.
In DUI / Driving While Intoxicated, or driving while suspected of being too impaired to safely drive a vehicle on the public highway, DUI justice has a few core principles.
One of those is DUI objectivity. Another is the credibility of the DUI evidence.
While there may be little doubt that DUI officers can be sufficiently trained and always be objective in taking a blood sample from either a willing or unwilling suspect, and by force if necessary, any appearance of over-enthusiasm and a measure of subjectivity can obviously question the resulting justice.
In these DUI cases it would be more than prudent to always have a third party, fully medically certified in full-time employment, to both draw blood and serve as an uninvolved and objective witness to the chain of evidence when in question.
This could help to serve to mute both the question of unnecessary and unconstitutional police use of force, and depending on the facts, the bias question always present in DUI arrest and DUI prosecution.
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