A Michigan DUI attorney presents an interesting and highly technical legal argument in fighting DUI cases in Michigan.
Attorney Patrick Barone argues that thousands of breath test results have been improperly admitted in Michigan DUI cases. It is a technical argument based on the Melendez-Diaz ruling by the U.S. Supreme court. He makes the legal argument that breath test simulator logs can be categorized as testimonial, and are not non-testimonial records as prosecutors will claim.
Melendez-Diaz established a precedent that technical and forensic documents that can be categorized as testimonial must be supported by expert witness testimony that can be confronted and challenged. Otherwise, the breath test records as testimonial would be considered hearsay.
These claims in DUI breath test cases will be continued to be challenged in court until new procedures are fully established. As we’ve noticed before, some of the most aggressive legal and procedural challenges in DUI breath cases around the Melendez-Diaz ruling have come in Virginia.
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More on DUI Laws (OWI) in Michigan
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