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Ellen, Lawyer
Category: Criminal Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I was stopped by police after I failed to dim my lights. I

Customer Question

I was stopped by police after I failed to dim my lights. I was taken into custody. My blood was drawn. The phlobotomist clearly informed the police office that the blood kit that the cop brought to the hospital was expired. Both tubes expired. The cop said it did not matter. The tech drew the blood but clearly documented that the blood tubes were expired and had the cop cosign. Is this blood admissable in the state of Michigan?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Ellen replied 8 years ago.

It will be a question for the court to decide as there is no statute on point. Experts will need to be called to testify on whether the test was still effective. It is a factor that your local attorney can use to his advantage in negotiating with the prosecutor to drop or lessen the charges.
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Customer: replied 8 years ago.

My girlfriend is a nurse manager at that hospital, there are CMS and Joint Commission standards that; prevent the use of expired equipment etc as you can't guarentee the efficacy of the blood. Wouldn't the specific directions in the NIK kit used for the test that indicates not to use an expired kit due to ineffective reagents in tubes and the potential for improper amounts of blood in tubes due to the vacutainer not working sufficiently beyond expiration date make the test results invalid?

Expert:  Ellen replied 8 years ago.

It significantly bolsters your position. You appear to have a strong argument.Your attorney should be able to use this to your advantage in negotiating plea or a dismissal. However, it does not appear as an automatic dismissal. An expert may testify that due to the date of expiration and type of testing that it is effective.