Prosecution Drops DUI After Blood Test Proves Inaccurate
The inaccuracy of impairment measurements plagues all DUI stops and often leads to dropped charges and plea deals. During a typical stop, police rely on field sobriety tests to establish probable cause for testing a suspect’s blood.
The National Highway Traffic Safety Administration reports the walk-and-turn test is only 68 percent accurate, and the one-leg test is 65 percent accurate. Furthermore, these tests have an even higher margin of error for older drivers and those with certain medical conditions. One defendant recently learned that blood tests can also prove inaccurate.
Last year, Jabari Kemp was exiting the highway when he rear-ended another vehicle. Three teens were riding in the other car, and all three died. Kemp’s passenger also died in the crash.
Paramedics took Kemp, the sole survivor, to the hospital in critical condition. Meanwhile, police drew his blood to test for impairment. The tests showed that Kemp was high on marijuana at the time of the crash. Authorities charged him with DUI and manslaughter, and he faced up to 75 years behind bars.
His Defense Attorney Noticed Something Strange About the Results
The Palm Beach Post reports Kemp repeatedly denied smoking marijuana, and his friends and family confirmed he doesn’t use drugs. Furthermore, he had a completely clean criminal record.
Police took the blood sample hours after the crash and found extremely high amounts of THC in his blood. The problem was that the results were too high. An expert who works for the state confirmed the results could only be accurate if Kemp had been smoking continuously while at the hospital. That is out of the question because he was in critical condition and had no access to drugs at the hospital.
If you are looking for a DUI lawyer who will aggressively protect your rights in the courtroom, call us. At The Law Offices of Michael M. Raheb, P.A., we are committed to reaching a favorable resolution for each of our clients in Fort Myers. To speak with a defense attorney about your charges, please call 866-949-0888.
Prosecutors Dropped the DUI Charge
Kemp’s attorney argued there were a number of possible explanations for the false blood test. The technicians who tested the blood could have made a mistake during the process, or they could have mislabeled his vial and switched his blood with another person’s. In the end, the state dropped the DUI charge, and experts say it will be difficult to convict on the negligent manslaughter charges without proving Kemp was impaired.
If you’re facing DUI charges in Fort Myers, let us help you. We can offer reliable legal advice at every step of your trial, and you can count on us to aggressively protect your best interests in court. To arrange a consultation with a DUI lawyer, please call 866-949-0888.