Right of Confrontation Upheld in N.J. DWI Case
A New Jersey Appellate Division Court has recently ruled, in the case of State v. Renshaw, A-0712-05T1, that the right of confrontation, protected by the Sixth Amendment to the U.S. Constitution, is applicable to DWI cases where a prosecutor seeks to offer evidence of an elevated blood alcohol content level through the use of a Uniform Certification. Following the DWI arrest, the defendant was taken to a nearby hospital where a registered nurse drew blood from the defendant and submitted the sample to the State Police laboratory for testing. The test result showed a BAC level of .14 in both vials of blood. Defendant Renshaw was found guilty of DWI at the Municipal Court level largely because the Judge allowed the prosecution to offer evidence of an elevated blood alcohol content level through the use of a Uniform Certification. The defendant’s attorney was not permitted to cross examine the nurse who drew the blood. Rather, the attorney was forced to allow the laboratory test result into evidence.
On appeal, the defendant argued that an opportunity to cross examine the nurse who draws blood in these types of cases could show blood samples to be contaminated or improperly drawn. For instance, the wrong type of swab could be used prior to drawing the blood, thereby contaminating the sample. The higher Court agreed with the defense attorney and overthrew the conviction. Importantly, the higher Court ruled that the right to cross examine nurses who draw blood does not exist when “a defendant consents to the admission of the certificate and agrees to waive the opportunity for cross-examination.” If you have been charged with a DWI in the state of New Jersey, it is important to consult an attorney to review every detail of your case. The evidence against you is subject to many constitutional protections that can be used to help fight the DWI summons. Contact the firm of Lependorf & Silverstein, P.C. for a comprehensive review of your case. The penalties associated with a DWI ticket in New Jersey are too severe not to speak with a Lependorf & Silverstein, P.C. attorney, experienced in DWI matters.
