DUI Evidence? Does it Exist?
An interesting post from Lawrence Taylor concerning the collection of evidence in DUI cases. What is evidence in a DUI case? Depending on the actual case there could be much evidence that the prosecution will have to prove your guilt such as videotape of the stop, witness testimony and statements, officer field notes, etc, etc…
But how about for the accused? What is the evidence? Its the sample provided. Whether that be breath, blood, urine, etc… But in mostly every single case law enforcement does not keep the sample. They destroy the very evidence that they are using against you.
You blow into the intoxilyzer machine and they take the readings and then the breath sample is destroyed. No chance for you to examine the evidence used against you.
Very interesting perspective. Read more about it here: http://www.duiblog.com/2006/10/18#a487