State Fails to Call Phlebotomist in DUI trial (by Colin McMahon) (11.17)

This set of motions in limine apply to a blood draw DUI that occured before a statutory change effective 9/26/15 if the State will not call the person who drew the blood. Last review 07.18.

Motion To Exclude Expert Testimony of Toxicologist That Is Based On Blood Test By Out-Of-State Non-Testifying Toxicologist– By Marek Falk

This motion makes a Confrontation Clause argument based on Bullcoming and Lui. It also makes arguments based on ER 703 and 802.

Blood Draw Pursuant To Implied Consent Is Unconstitutional After McNeely

Blood Test Refusal Inadmissible After McNeely and Gauthier

No Exception To Warrant Requirement Supports BLood Draw From Unconscious Arrestee

PDA Request – Blood

Blood Test – Chain Of Custody

Blood Draw – Chain Of Custoody

Blood Destroyed

public records request – blood draw