CriminalDriving While Intoxicated

Blood Draw Procedures 8th of 13

Why do you deserve less protection if you refuse and if you consent, it doesn’t really make a logical sense but this is the sanitary place and it has probably been cleaned up a little bit since then but in the beginning we went and checked it out and there’s kind of mold on the air conditioner and caution tape hanging as the ceiling fan switch. There’s a regular trash can right next to where the person’s arm is and then like food and drinks were thrown in there this. It just kind of makes you wonder you know how sanitary this is here’s an interesting issue. If you ever see something like this for where it says that the blood was homogenized, you see they on the condition they could’ve checked normal thick or clotted, they didn’t check anything. They’re not telling you the whole story there to because it was clotted but they didn’t tell you that because they tried to homogenize it to put it back to the way that it was before but they wouldn’t had to homogenize it if it wasn’t clotted but they didn’t tell you that.

So if you don’t know what homogenize means umm you would never know that there was a problem to begin with but in this case there was a problem, it was clotted, they didn’t tell you about it but they homogenized it initialed that date that they did it. They had to go back and fix a problem so be on the lookout for anytime you see something it says homogenized this is where we tried to invert the vials properly 8-10 times and you can see the additives still stuck there at the end of the tube.

Expiration dates are on the vials there’s a lot of retesting going on because lab people are leaving and so blood is being retested, check out those expiration dates because the retest the vials may have expired by that time. Here is a lady using the heck outta that hand sanitizer right before she starts handling this equipment, 70 % Ethyl alcohol. Second to last line and I’m done, I won’t be able to show you the—I have a video showing a proper blood draw procedure but we’ve discussed what not to do so I think you have a good idea. There was a—when I got to the hotel yesterday there was a great panel discussion about bready going on.

I just wanted to show you that because this probably the best bready notice I’ve ever received and I was happy to receive it we were in trail we knew that the state cannot extrapolate based on the facts that we had and we weren’t really sure why we were going to trail on it and during the trial, the state figured it out. They were looking at one of the times wrong and so we got to know and I think it might be from one of the prosecutors in this room but saying you know well just [Inaudible] that lower was the analyst she says possibly absorbing and under point 0.8 and then bready and Presceny. We got that right during cross examination we stopped the trial and the case was dismissed but that’s from Harris County, Devon Anderson was here speaking about how they disclosed bready. This was during trail they just figured it out they gave it to this on a sticky note. I thought that was pretty classic and it was nice to see that but anyway that’s all I have time for.
Thank you very much!

Strategy, Okay I can break this into 6 sections, the manner of your cross, the missing evidence, What not to ask, What not to do, The war of experts , Learn how to take a hit and essential links. So these are the break downs and then we’ll talk about each one separately.
The manner of your cross; which to many of you will say well that this is elementary, this is the simplest thing to do in the court room. This is the hardest thing to do in a court room. When you’re in the court room you’re fired up hopefully, you’re fired up and your emotions take over and even the most experienced lawyer, they lose control. I don’t say lose control and look foolish but they in a like we’re all calm cool collected today this isn’t a court room atmosphere. How many prosecutors I have here today? Oh goodness about half to a third, third to a half.

Francisco Hernandez

Author Francisco Hernandez

More posts by Francisco Hernandez