Relying on a 2009 U.S. Supreme Court decision, a Superior Court panel has ruled that a drunken driving defendant facing charges stemming from the highest rate of intoxication must be provided an opportunity to cross-examine the lab analyst who tested his or her blood sample.
The panel’s decision is an adoption of Melendez-Diaz v. Massachusetts, a year-old U.S. Supreme Court decision on the matter. The decision, which may be applied retroactively, according to the panel, does not extend to charges stemming from general impairment.
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