Thank you for sharing!

Your article was successfully shared with the contacts you provided.
EVIDENCE A drunk-driving defendant did not have a Sixth Amendment right to confront the actual technician who handled his driving-while-intoxicated (DWI) lab work. The New Hampshire Supreme Court held on April 16 that the technician’s testimony was not needed for admission of the lab results into evidence. State v. Coombs, No. 2002-236. Thomas Coombs appealed his DWI conviction, arguing that the trial court erred in admitting into evidence his lab work, which indicated a blood alcohol level of 0.11. Specifically, Coombs argued that, since the state did not produce the actual technician who did his lab work, his confrontation rights under the Sixth Amendment were violated. Affirming, the high court held that lab results must be authenticated by a “certifying scientist.” The court held that it was permissible to have the lab work authenticated by a lab director; testimony by the actual technician was unnecessary for admission of the evidence.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.