Testing the Independent Test
Posted on Jun 27, 2013 12:42pm PDT
In N.M., everyone has a right to a reasonable opportunity to have an independent blood or breath alcohol test after taking a State breath or blood alcohol test. The firm will be testing the limits of this "right" this week. Does the arresting officer have to take the arrestee to a hospital for an independent test? Does the officer have to permit an arrestee to search the internet to find a testing facility? What is the remedy when a criminal defendant is denied the right? There is no case law on point here in New Mexico yet. It will be interesting to see what the trial court thinks...