Q: I was in an accident, and charged with a dui. also causing injury. I motioned to have the blood split, however the..
..prosecution sent a letter to the independent lab saying that there was not enough blood to send a sample for testing.
Will the case be dismissed since 17 1219.1(b) was not observed..??
A:
There are various procedures to try to exclude evidence. Here's 17 CCR 1219: http://www.drugdetection.net/pdf%20documents/title%2017%20california%20code%20of%20regulations%20jan%202006.pdf. This provides for the procedure for collecting blood samples. If this procedure was violated, your attorney can seek exclusionary remedies. But it depends on the specific facts, and your question is factually vague.
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