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State vs Williams NC Court Of Appeals June 17, 2014

Attorneys have been arguing NCGS 20-139.1 that the failure of the CMPD property sheet to list everyone in the chain of custody - along with a description of the material & statement that the material was delivered in essentially the same condition as received - should preclude admission of the blood test. Sometimes, if not often, getting overruled when the judge says it goes to the weight not admissibility.

This case came down recently. It holds that a blood test should be excluded where the Analaysy did not read the rights again when seeking an additional blood test after a breath test as required by statute.

But the last sentence May breath some new life into our argument.

Since "[s]tatutes imposing a penalty are to be strictly construed[,]" the State's failure to adhere to the requirements of N.C.G.S. §§ 20-16.2 and 20-139.1 must result in suppression of the results of the blood test.

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