Medical Technicians, nurses, or doctors may now have to testify in DUI cases in NJ
Feb 21st, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & Traffic, DUI-DWI-DAI (Drunk Driving)Any medical provider who draws blood to test for blood alcohol levels may now have to be physically brought to court and testify in each prosecution.
The U.S. Supreme Court’s 2003 decision in Crawford v. Washington held that people involved in a police case must be subject to the confrontation clause of the Sixth Amendment. This means that each medical provider must testify in open court and be subject to cross-examination. Before this new United States Supreme Court ruling, medical providers would sign a sworn statement that was admissible in court. Finally, states such as New Jersey are catching up to the law.
The United States Supreme Court sets the minimum standards or citizens’ rights in criminal cases. States cannot take away these minimum rights. States can give their citizens more rights.
This new ruling provides further protections to the citizens. It will also cost the State every time a case goes to trial. We predict that each state will eventually make new evidence rules to comport with the United States Supreme Court’s ruling.
See a copy of Crawford v. Washington here: Crawford v. Washington.pdf
