Trial Setting Dismissal

Summary: 0.279 Blood Draw AND Major Accident! The client is a server at a restaurant and is currently applying for citizenship. Because of his immigration status, the client could take nothing less than a dismissal or acquittal. On his way home after work, the client got into a major accident by rear-ending a disabled vehicle on the shoulder of Interstate Highway 610. The client hit the other vehicle with enough force that the rear passenger compartment completely collapsed. Luckily there were no injuries. A third-party civilian witness reported that the client cut across several lanes of traffic before making an impact. When the officer made contact with the client, he notated a strong odor of alcohol coming from him, slurred speech, and red bloodshot eyes. Field sobriety tests were conducted and the officer notated that the client failed all three tests. The client refused to voluntarily give blood so a search warrant was drafted and blood was taken by force. Blood results came back over 3x the legal limit! However, after reviewing the blood evidence and discovering that the quality control and quality assurance procedures were not properly followed in the crime lab, Chris Denuna was able to convince the prosecutor that the blood should be suppressed if we were to go to trial. Ultimately, the DA’s office did the right thing, thoroughly evaluated the case, and dismissed the case after it was set for a jury trial.