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Florida DUI Attorney notes a huge win for the defense of criminal charges including DUI and BUI. Chemical tests submitted by paperwork are often at the heart of the prosecution's case. The Supreme Court held this week in Melendez-Diaz v. Massachusetts, that a state forensic analyst’s laboratory report certificate created for use in a criminal prosecution violates a defendant's Sixth Amendment right to confrontation. The court noted that the certificates were affidavits falling squarely within the "core class of testimonial statements" addressed by the Confrontation Clause as set forth in Crawford v. Washington, 541 U.S. 36 (2004).

Writing for the 5-4 majority, Justice Scalia indicated:

"This case involves little more than the application of our holding in Crawford v. Washington, 541 U. S. 36. The Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence against Melendez-Diaz was error. We therefore reverse the judgment of the Appeals Court of Massachusetts and remand the case...."

When Chemical tests submitted by paperwork are at the heart of the prosecution's case against you, we can help. The call is free, and the relief can be invaluable.

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Florida DUI Chemical Test Attorney Lawyer

Labels: Breath Test, Breath Test Results Affidavit, florida dui attorney, florida dui lawyer