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dui blood draw report


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#1 tonytuzz

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Posted 25 September 2013 - 06:14 PM

on my form from the az department of public safety , there is phlebtomist signature on it ,  But no witness  signture on it ,  Do i have any grounds for anything , my hole case is riding on this report thanks,   Dui arrest same officer that arrested me drawed out my blood his name the only  one on the report but the witness signature area below his signature is blank .    I would think that if its marked with an  X  someone should of signed it then come back later and fill in the blanks



#2 Tax_Counsel

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Posted 25 September 2013 - 09:29 PM

You didn’t say what form this is or what charges you face, and that’s important. That said, it is almost certainly the case that the lack of a witness signature won’t result in suppression of the test results. If the case goes to trial, the state can establish what procedures were used for the test by the testimony of the persons at the lab who did the tests. If you have been charged with DUI, I strongly suggest you get an attorney to represent you. If there is a basis for challenging the test results, he or she will be able to spot the problem and know how to deal with it. It is not a good do it yourself project.



#3 LegalwriterOne

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Posted 25 September 2013 - 09:32 PM

How so?  If the case goes to trial, the person who drew the blood will testify and the person who tested the blood will testify if they aren't the same person.  I echo what Tax_Counsel suggested--get an attorney.



#4 adjusterjack

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Posted 26 September 2013 - 07:49 AM

on my form from the az department of public safety , there is phlebtomist signature on it ,  But no witness  signture on it ,  Do i have any grounds for anything , my hole case is riding on this report thanks,   Dui arrest same officer that arrested me drawed out my blood his name the only  one on the report but the witness signature area below his signature is blank .    I would think that if its marked with an  X  someone should of signed it then come back later and fill in the blanks

 

No.

 

You aren't getting off on that kind of technicality.


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#5 Legal_Balla

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Posted 14 November 2013 - 10:15 AM

Please consult with a qualified defense lawyer about these issues. Criminal defense work is in the details. Hire a good lawyer to develop the best defense possible for this important matter. 



#6 FindLaw_Kevin

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Posted 14 November 2013 - 11:20 AM

As other posters have stated, getting an attorney is a good idea if you plan on fighting a DUI case, they will know the precise procedure required to challenge the document and whether it can be successfully challenged in your jurisdiction.  If you're looking for an attorney, this might be a good place to start.


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