Tuesday, January 01, 2013

DWI Blood & Drug Defenses by Kenneth Vercammen, Author ABA Criminal Law forms


BLOOD TEST "REPORTS" ARE HEARSAY, WHICH MAY BE INADMISSIBLE
 Blood test results, documents and papers are writings and thus hearsay. Under the evidence RULE 802. HEARSAY RULE : "Hearsay is not admissible except as provided by these rules or by other law. "  
 Admission of hearsay which is not admissible under any exception or other law and its use as a foundation for a conviction violates a defendant's Sixth Amendment right to confront witnesses against him. State v Long  255 NJ Super. 716, 726 (Law Div. 1993)

 RULE 803. HEARSAY EXCEPTIONS NOT DEPENDENT ON DECLARANT'S UNAVAILABILITY