Mass Court Limits Use Of Melendez-Diaz in OUI Case

The Massachusetts Supreme Court rejected a challenge to blood evidence in an OUI case on grounds of violation of the confrontation clause and the Melendez-Diaz case.

As reported in Mass Lawyer’s Weekly, a blood test taken at a hospital, and submitted as evidence of intoxication in a drunk driving case, could be used without additional expert testimony.

The Melendez-Diaz case changed the rules on scientific evidence as presented in court. Previous to the case, scientific and forensic evidence, such as illegal drug identification reports in drug cases, and some breathalyzer information in DUI cases, could be presented as documentary evidence, and used in court. But after Melendez-Diaz, the court determined that this evidence alone was not sufficient, and that the defense had a right to confront and challenge the evidence. Therefore, an expert witness must be available to defend the documented evidence in court.

The Massachusetts justice determined that since the blood was drawn as part of a medical procedure, and not purely and purposefully as evidence in a criminal case, the rules as established in Melendez-Diaz do not apply.

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