The admissibility of blood test results in a NJ DUI-DWI case should obviously be rigorously challenged by a defense attorney. The admissibility of such blood tests are subject to numerous conditions.
Since the judge's decision on the admissibility of the blood tests will likely decide the outcome of the DWI trial, it is crucial to retain a DWI lawyer who understands the highly technical challenges available in such cases.
The Court will usually rule on the admissibility of the blood work at the conclusion of what is known as a "Rule 104(a) hearing." The name is taken from the New Jersey Rule of Evidence 104(a). Such a hearing is necessary whenever the admissibility of evidence is subject to a condition, the Court hears proofs as to the condition during a 104(a) hearing.
The typical rules of evidence, including hearsay, are relaxed during these hearings. The Court may therefore consider any evidence it deems trustworthy. In a seeming paradox, it is the same judge who determines whether the evidence is, in fact, trustworthy.
