LUDINGTON (AP) — Blood samples tested by the Michigan State Police crime lab in drunken-driving cases are unreliable because the results don’t carry a margin of error, a judge said.
District Court Judge Peter Wadel threw out blood evidence against a man in northern Michigan’s Mason County. His decision is not binding on similar cases in other state courts but it’s certain to get attention.
“A drunk-driving conviction is serious and stains you forever. Two tests showed a blood-alcohol level of 0.29 and 0.30, well above the legal limit of 0.08. Nonetheless, the results troubled the judge, who said there’s an “uncertainty in measurement.”
Mason County Prosecutor Paul Spaniola said he disagrees with the decision and will ask a circuit court judge to review it.
If we’re going to convict people, convict them with reliable evidence — and reliable scientific evidence. Two tests showed a blood-alcohol level of 0.29 and 0.30, well above the legal limit of 0.08. Nonetheless, the results troubled the judge, who said there’s an “uncertainty in measurement.”
Mason County Prosecutor Paul Spaniola said he disagrees with the decision and will ask a circuit court judge to review it.