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....

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...

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.

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.

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.

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

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