This matter involved a client who was pulled over for crossing a center line. He consented to a blood test which showed an alcohol concentration of .13. The client hired Attorney Chirafisi because he wanted to go to trial.
We had a defense to the case, the line the police say he crossed over was marked in a way that made it look as if there were 2 center lines. The biggest issue was the .13. The machine that was used was a machine that we had successfully dealt with in other cases. In late 2022, Attorney Chirafisi beat a 9th offense at trial with that same machine. We had all the documentation on its service record and were prepared to challenge it again. Turns out, we didn't have to.
Just prior to the jury being brought in, the prosecution informed the Court that they did not have the person who actually drew the client's blood present to testify. Attorney Chirafisi pointed out the statute requiring that person have certain qualifications in order to draw the blood. The Court agreed with Attorney Chirafisi that without the person drawing the blood present, the test result would not be admitted at the trial. Based on that information, the prosecution moved to dismiss the case with prejudice. Complete and total victory for the client.