A new ruling by the U.S. Supreme Court is expected to impact the prosecution of DUI (driving under the influence) and DWI (driving while intoxicated) cases in California and across the U.S. The Supreme Court ruled that when crime lab or breathalyzer reports are used to establish that a defendant was under the influence of a high level of alcohol or illegal drugs, the prosecutor must make a laboratory technician available during court to testify in person. In its decision, the Supreme Court equated such lab reports to witnesses for the prosecution. Under the Sixth Amendment a defendant has the right to "be confronted with the witnesses against him," wrote Justice Antonin Scalia. In drug, drunk driving and other cases in which lab reports play an important role in the prosecution's case, Scalia wrote that defendants were "entitled to be confronted with the analysts at trial."
Some prosecutors have expressed concern about the cost and potential availability of lab technicians for courtroom appearances. However, in his successful arguments before the Supreme Court, Stanford University law professor Jeffrey Fisher noted that presenting crime experts at trials is already common practice in some states, including California. While prosecutors soft pedaled the impact of the Supreme Court ruling, criminal defense attorneys applauded the opportunity to challenge lab reports in court, noting that crime labs sometimes make mistakes that result in the conviction of innocent people.
California prosecutes DUI and DWI aggressively. A drunk driving charge results in two proceedings against the defendant: a criminal case and a Department of Motor Vehicles (DMV) case. Legal proceedings can be complex. Conviction can have serious consequences, including heavy fees, loss of license and jail time. A DUI charge demands immediate attention and aggressive action from a skilled DUI defense attorney like Stephen Rodriguez.
GOOD! Also strongly look into Perjury charges against the arresting offices!