Resources

Blood Draws

Withdraw of Guilty Plea to Meth DUI Due to Contamination and Brady Violation-Reply to State’s Response by Kendra Lotstein

This reply brief by Kendra Lotstein addresses arguments in the State’s response to a motion to withdraw a guilty plea to a methamphetamine DUI based on contamination at the WSP Toxicology Lab and the related Brady violation....

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Motion to Withdraw Guilty Plea to Meth DUI Due to Brady Violation and Contamination by Kendra Lotstein

This motion by Kendra Lotstein argues for withdraw of a guilty plea to a methamphetamine DUI with a blood test on or after March 1, 2018. It is based on the State’s failure to notify the defense of contamination at the WSP t...

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06.2021 DUI Blood Test When Blood Held in Expired Vials

Thanks to Abbie Pence for this brief arguing a court must suppress a blood test if it is conducted after the blood vials have expired.

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Public Disclosure Request for Documents About Blood Alcohol Test

Thanks to Diego Vargas for this public records request for use in a DUI with a blood alcohol test.

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Subpoena Duces Tecum for Documents About Blood Alcohol Test

Thanks to Diego Vargas for this subpoena duces tecum for use in a DUI case with a blood alcohol test.

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Public Disclosure Request for Blood Alcohol DUI Cases (July 2017)

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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.

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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.

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Blood Draw Pursuant To Implied Consent Is Unconstitutional After McNeely

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Blood Test Refusal Inadmissible After McNeely and Gauthier

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