Tuesday, January 01, 2013

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

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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