The role of the medical laboratory technologist in drinking and driving cases. Part 2: The use of hospital alcohol results as evidence and providing testimony in court.
Medical laboratory technologists routinely conduct alcohol analyses for medical purposes, however, in certain circumstances the results are used legally to determine a driver's Blood Alcohol Concentration. The technologist who performed the analysis may subsequently be required to provide evidence in court. The primary areas of interest to the court in these cases are: the type of swab utilized, the continuity of the blood sample, the method of analysis, the margin of error of the results, and the conversion of a serum alcohol concentration to a blood alcohol concentration in units as per the Criminal Code. Pre-trial preparation, courtroom procedures, and suggestions to enhance the technologist's credibility as a professional witness are outlined.
Westenbrink
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Royal Canadian Mounted Police, Halifax, NS.
D000428:Alcohol Drinking / Q000097:blood / Q000331:legislation & jurisprudence*; D001334:Automobile Driving / Q000331:legislation & jurisprudence*; D002170:Canada; D005104:Expert Testimony; D006801:Humans; D007755:Laboratories, Hospital / Q000331:legislation & jurisprudence / Q000592:standards; D017056:Medical Laboratory Personnel / Q000331:legislation & jurisprudence* / Q000592:standards; D016495:Police; D012380:Role; D015813:Substance Abuse Detection / Q000331:legislation & jurisprudence* / Q000379:methods