In a ruling on February 1, 2013, the Court of Common Pleas of Lebanon County ruled that blood testing conducted at Good Samaritan Hospital (GSH) did not follow the proper procedures deemed by law and are thus inadmissible. This ruling affects hundreds of current and past DUI cases.
The issue comes as a result of cost cutting measures by the hospital that lead to them using sample sizes of blood which was less than what was required by the manufacturer of the equipment. As the ruling states:
“Even if the Commonwealth were to present testimony from a lab tech in support of the notion that the size of the sample can be reduced below what is set forth in the Siemen’s operating manual, we would reject such testimony… the instruction manual for that device must be scrupulously followed… this is not a decision about which we will compromise.”
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What Does this Ruling Mean for Me?
If you have a pending case:
The new ruling can be used to challenge the blood tests results and get them thrown out. If that happens, you cannot be convicted on a BAC related charge. This is a very strong defense and can possibly result in your case being dismissed.
If you have already been convicted:
The new ruling opens up a powerful avenue for appeal. This means you could be relived from jail or have your license reinstated. We have appealed cases based on these issues to the Superior Court of Pennsylvania and were able to get convictions overturned for our clients.
The McShane Firm has a team of talented attorneys who know how to use the laws to protect your rights.