Quote:
Originally Posted by Arizona_928
How often do you challenge the lab?
My DoD projects were just about every analytical chemistry test available and the amount of worthless data was astonishing. Just for gc-ms i would get over hold times, failed internal calibrations, failed dilutions, inability to provide CoC on the NIST calibration compounds, etc. Hell, i had NIST calibrated compounds that did not have the accurate concentrations. Just by the pure statistical nature of analytical chemistry, a result often has high and low bias. Nothing is ever 100%.
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I'm assuming that was directed my way.
Really, the case is more focused the traffic stop or whatever serves as the initial reason for the police to interact with the defendant.
The lab issue we have here is if/when the D has BAC under the legal limit, the DA will send the blood off to a lab in Pennsylvania for drug testing. That lab will not send someone to testify if it turns into a trial and even if they did, it would have to be the exact person that did the testing. That person typically does not posses the knowledge necessary to say what the results have to do with intoxication or impairment as required by appellate case law.