Episode 4: Using Ferguson and Hatley to Exclude BAC Results
In today's episode we examine the right to have a witness present for breath testing. We look at the cases of State v. Ferguson and State v. Hatley and how to exclude the blood or breath results based on these cases. Get ready to learn how to mount an attack to the chemical results in your case.
Highlights:
- Discussion of the legal framework for arguing a statutory violation based on the denial of a witness to chemical testing
- Review of State v. Hatley and what it means for a witness to make "reasonable efforts to gain access to the defendant"
- Examination of the remedy for both constitutional and statutory violations of defendant's right to have a witness
- Exploration of Red Herrings the State might argue in a hearing based on the denial of access to a witness
