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P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 34256
Experience:  16 yrs. of legal experience.
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Is it lawful to use a blood draw in court after having 4 units

Customer Question

is it lawful to use a blood draw in court after having 4 units of plasma and 2 1/2 hours
of surgery?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry, I do not understand the question....could you provide some details please? Would it help to chat on the phone?
Customer: replied 1 year ago.
the blood draw they took from my son said he had a .19 alcohol level in his blood. But they didn't draw his blood
till after 2 1/2 hours of surgery and was given 4 units of plasma and nearly bled out at the accident. He had 3 drinks over
a 4 hour period. there couldn't be any alcohol in his system. plus I would think it wouldn't be allowed to present that as
evidence since the plasma isn't his blood.
Expert:  P. Simmons replied 1 year ago.
thank you. so is the question can the court consider this test?
Customer: replied 1 year ago.
Yes
Expert:  P. Simmons replied 1 year ago.
Thank you
The answer is yes. They can
The reason is because of this case
https://www.law.cornell.edu/supct/html/92-102.ZS.html
In this case the Supreme Court held that so long as the party can present evidence to show the scientific reliability of the proffered evidence that evidence can be considered a trial. That will not prevent The other party from submitting evidence to reply; that is, your son is free to offer evidence to show that the sample was compromised by the circumstances. If there's medical evidence to show this is the case the court can consider that. So the key to this case will be the medical evidence; that is, is there medical evidence to suggest that having plasma in one's blood could somehow impact the ability to detect alcohol in the blood sample.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that this is not possible, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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