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: Southern California Criminal Defense BlogPeople v. Merlen, CA 3rd district, Case No. C051678, unpublished opinion has very good material regarding expert testimony re use of ambient and DUI.
By Walin & Klarich
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Facts:
The defendant was involved in a traffic collision and was injured in the collision. The other party involved in the collision was killed and defendant was charged with gross vehicular manslaughter and convicted at trial. He appealed the conviction on the grounds that the police officer that testified at trial was not qualified to rely on the toxicology report in rendering his opinion that he was under the influence of drugs while operating a motor vehicle and there was insufficient evidence that he was under the influence of a drug for purposes of gross vehicular manslaughter.
Officers interviewed the defendant at the hospital and he could not explain how the accident occurred, stating ?I was driving down the road one minute...continue to full postFull post as published by Southern California Criminal Defense Blog on March 28, 2008 (boomark / email).
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