How to Show That Sample Analysis is an Automated Process
It is imperative (if your case goes to trial) to advise jurors that your sample was analyzed via the use of a process that is primarily automated. A lot of jurors believe that the state gives a defendant’s sample special focused attention by having a scientist review the sample through a microscope. Your Orange County DUI attorney must assist the jurors with letting go of that idea as quickly as possible by noting that quite often, the analyst handling the analysis isn’t even there during the time that the sample is run.
Your attorney can expose this fact during cross-examination of the analyst by asking certain pertinent questions. For example, there can be a question and answer portion of cross examination that goes as follows:
Question to Analyst: You were the one who conducted the analysis of the defendant’s blood, correct?
Analyst’s Answer: Yes, I performed the analysis myself.
Question to Analyst: When you state that you performed the analysis yourself, do you mean that you were the person who actually operated the machine that did the analysis?
Analyst’s Answer: Yes. I used a gas chromatograph.
Question to Analyst: So, when you used this machine, were you only analyzing the defendant’s blood, or did you analyze other blood samples as well during the run?
Analyst’s Answer: I am sure that there were others run at the same time.
You should note that as the cross examination continues, the witness is attempting to diminish the extent of the run; however, many witnesses get into trouble by shading the truth. The witness often figures that he or she can get away with doing this because attorneys are often not kept abreast of the facts in the same way that the witness is. Accordingly, your Orange County DUI attorney may continue with the cross examination as follows:
Question to Analyst: Not merely “some others,” but weren’t there about 40 other samples tested?
Analyst’s Answer: I believe so.
Question to Analyst: And the process takes approximately two hours, correct?
Analyst’s Answer: Yes, about two hours.
Question to Analyst: And when you are doing this yourself, you are not always in the room for the entire time that the analysis is being done, are you?
Analyst’s Answer: Well, not always the whole time. The process is automated.
Question to Analyst: So, to be clear, your answer is that you are not even in the room when the blood analysis is being performed?
Analyst’s Answer: Theoretically, that’s right.
If you need a skilled Orange County DUI attorney to represent you, please call Mike Coffey for a free consultation.