In a recent case our team handled, a trial judge refused to recognize that drawing someone's blood is a Fourth Amendment issue. The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizures. Although the trial judge did not accept that drawing someone's blood was a violation of our client's constitutional rights, we were able to successfully appeal the decision.
As a result of the appellate decision, the burden is now on the prosecution to prove that the blood test was conducted in a medically approved manner. In cases where there is medical evidence, it is important to challenge the validity of this evidence. An individual should not be sent to jail on evidence that is not completely accurate. To learn more about how our team could help you, please do not hesitate to get in touch with a Dublin criminal defense attorney from our office! Call today!