Lawyers always get a bad rap when it comes to finding loopholes. Sometimes, as a result of our “creativeness” or craftiness, guilty defendants can go free, when perhaps they could be convicted. Well, from early August until today, prosecutors all over the state of Indiana were heaving mad at an Indiana Court of Appeals decision requiring blood draws by a “certified phlebotomist”. (See Indiana Law Blog Entry, More on “New drunken driving law quickens blood sample process”.
HEA 1342 (2010) seeks to loosen this evidentiary standard as literally interpreted by the Indiana Court of Appeals by removing “certified phlebotomist” and exempting “licensed hospitals” from the requirement altogether. Now, we go back to a standard of blood draws rarely being excluded from evidence in DUI cases as a matter of practice. (see Rebecca S. Green, Fort Wayne Journal Gazette, Loophole Closes on Blood Draw for DWIs.)
If you have had your blood draw thrown out of court (and likely the charges dismissed) you have received a gift; if you get caught this weekend or forward, well–you’re just plain unlucky–hire a good lawyer.