Hospital Blood Draw Test Result Found Unreliable/ The Law Offices of Joseph D. Bernard
- OUI /
For the first time in Massachusetts, a hospital blood test result has been found scientifically unreliable in an OUI case! In many cases where a citizen is in an accident and taken to a hospital, blood is drawn and tested to determine the citizen’s blood alcohol content. Attorney Bernard has been fighting the results of these blood tests by arguing that the methodology used to produce the result is not scientifically reliable and, therefore, should not be used to prosecute a defendant. Attorney Bernard successfully presented the testimony of expert Sabra Botch-Jones, a forensic toxicologist who opined that a hospital blood test result obtained from an enzymatic test did not produce a scientifically reliable blood alcohol result. The judge credited Ms. Botch-Jones’ opinion and excluded the hospital blood test result from evidence. This decision is a huge step forward and demonstrates why it is important to have a lawyer who understands the complexities of science in the courtroom!