David G. Moore Attorney At Law
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Oceola Township man to have his BAC retested in OWI case

Being arrested for OWI in Kalamazoo definitely isn't something one looks forward to. Yet it also doesn't automatically mean that a conviction is forthcoming, either. Law enforcement officials are required to follow very strict procedures when it comes to testing one's blood alcohol content (BAC). Even the slightest deviation from those procedures can open their case up to scrutiny. The ability for one to recognize those times when evidence to be used against him or her at trial was collected improperly could mean the difference between a conviction and exoneration.

The case of an Oceola Township man facing his own OWI troubles highlights the importance of being able to know when to challenge evidence in a criminal trial. The man is accused of operating his motorcycle while intoxicated, which led to him hitting and injuring a pedestrian. Preliminary reports showed his BAC level to be as much as 12 times the legal limit at the time of the accident. Yet the judge in his case recently agreed with the defense attorney's request to have the man's blood sample retested. The attorney claims that the findings could be coincidental, pointing out that the sample could have easily been contaminated by alcohol swab.

One is given every opportunity during legal proceedings to challenge any evidence presented by the prosecution. However, without a strong knowledge of criminal law and police procedures, understanding how to present an adequate drunk driving defense may be difficult for one to do alone. Anyone in this situation may be well-served to enlist the help of a seasoned criminal defense attorney. 

Source: Livingston Daily "Defense request to retest blood OK'd in OWI case" Lisa Roose-Church, Mar. 13, 2014

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