Blood Tests

A primary scientific methods for proving someone was under the influence of alcohol in Manchester Township or another Ocean County municipality is a blood test. This is a departure from the primary tool used by police, namely a breath sample, and usually arises in a N.J.S.A. 39:4-50 case where the accused had to be taken to the hospital following the stop or where drugs are involved. Our attorneys have dealt with blood tests too many times to quantify over the 100 plus combined years they have been defending those charged with DWI. They know as former prosecutors and lawyers who have successfully handled this issue many times how to attack a blood test result and persuasively present arguments that result in this evidence being inadmissible. An attorney with knowledge in this area is ready to immediately assist you, including Matthew Dorry the former prosecutor of Manchester and the majority of municipalities in Ocean County including Beach Haven, Beachwood, Berkeley, Eagleswood, Little Egg Harbor, Jackson, Long Beach, Ocean Gate, Ocean Township, Pine Beach, Point Pleasant Beach, Stafford, Surf City, Toms River, Tuckerton and South Toms River. If you would like to speak to Matt or another lawyer at Law Offices of Jonathan F. Marshall in a free consultation, contact our firm at (732) 286-6500.

In order for the police to secure a blood sample, they must either secure an informed consent for the defendant to voluntarily give the sample or obtain a warrant to force the motorist to provide one. A warrant for blood may be obtained by a judge telephonically or by other electronic means.

The police and prosecutor are required to show that the blood tested was that of the defendant. In order to fulfill this element, they must establish a proper chain of custody at every step of the process. This will involve testimony from the officer who witnessed the taking of the sample, the sample being labeled, logged into evidence at the police station and into storage pending transport for testing. The state will then present business records (e.g. chain of custody report and laboratory receipt) or live testimony evidencing how the blood was transported to the state police lab. If the prosecutor is unable to document each and every step in this chain of custody, the blood sample is tainted and cannot be used in the case.

A condition to validity of a resulting blood test is a requirement that the sample was taken within a reasonable time period of operation. There is no hard and fast rule in this regard. The standard is reasonableness in terms of representing a true sample of the motorists condition at the time of operation.

The rule of law is that a blood test result is admissible at the time of trial absent timely objection. In addition, the state is not required to produce the laboratory scientist who conducted the blood test provided a proper certification/affidavit is provided concerning proper testing and the result.

Blood test cases in Berkeley Township and elsewhere are more complicated than those involving a breath test. The requirements in terms of documentation, evidence and testimony is much different. Hiring attorneys who are highly knowledgeable in these rules is crucial to suppressing/eliminating a blood test result. The lawyers at Law Offices of Jonathan F. Marshall possess the level of expertise to cross this hurdle. Call our office at (732) 286-6500 if you would like to speak to an attorney on our defense team immediately.