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Recent U.S. Supreme Court ruling has lawmakers scrambling
Posted on Aug 20, 2009
In the past, if scientific DNA, drug, or breathalyzer test analysis was introduced in court, a sworn statement from the person who conducted the test was enough to validate its authenticity. All that changed after of a recent U.S. Supreme Court ruling.
After the ruling, the person who could testify to the accuracy of the analysis was required by many Virginia judges to be present in the courtroom when the evidence was presented. This was wreaking havoc in drunk driving cases especially, as there are only 3 people in all of Virginia who calibrate breathalyzers.
DUI charges against several individuals arrested for drunk driving were dropped or reduced when the individual who calibrated the breathalyzer was not able to be in court. Forensic scientists were also scrambling to meet the requirements of the recent ruling, backing up courts and postponing cases for months.
In response to the chaos the Virginia General Assembly recently voted to modify the new requirement. Lawmakers also added a timetable for defendants to challenge scientific evidence in their criminal case.
The chaos began after the U.S. Supreme Court ruled in the case of Melendez-Diaz v. Massachusetts that simply submitting paper evidence about intoxication, drug use, or DNA was not enough.
Now, prosecutors will be required to give defendants 28 days notice that they intend to use scientific analysis in the case. Defendants then have 14 days to object to the use of such analysis without a testifying witness.
Read More About Recent U.S. Supreme Court ruling has lawmakers scrambling...
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