As a practical most defense lawyers are clueless about the information available from the Georgia Bureau of Investigations (the “GBI”) regarding blood tests, and they, therefore, rely upon prosecutors' representations as to what information is and is not available. Unfortunately, many prosecutors never even speak to the State Crime Lab regarding the blood test data they keep. Prosecutors generally do not seek to fulfill their obligations under Kyles v. Whitley, and they simply state they do not have any further information in their possession. If your DUI lawyer does not know what to seek from the State Crime Lab, you will not receive full information regarding your DUI blood test in Georgia.
HOW TO GET INFORMATION REGARDING DUI BLOOD TESTS FROM THE STATE CRIME LAB IN GEORGIA
Learn to use the Open Records Act, O.C.G.A. 40-6-392, and misdemeanor discovery provisions. These are the 3 tools available to you for the discovery of information from the State Crime Lab in your misdemeanor DUI cases. One thing is certain: you will not get what you do not ask for, and you will not ever have an opportunity for a trial court to require that the requested information be disclosed.
LEARN WHAT TO ASK FOR IN YOUR DUI BLOOD TEST CASES
You must know what information is available in your Georgia DUI blood test cases. You will only know what is produced and what is maintained by learning the rules of the State Crime Lab. Whatever you ask for and insist upon disclosure of, be sure that you can articulate the relevancy of that information. If you ask for items that you cannot explain the relevancy of, it will hurt your credibility before the Court when you truly need other pieces of information.
Contact DUI Lawyer Ben Sessions at (470) 225-7710 if you need help with your DUI blood test case.
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