Recently Attorney Terry McNabb asked for a Bench Trial in Sessions Court. A Prosecutor agreed. After the first witness was called and testified for a moment, attorney McNabb moved in limine to prohibit the State from discussing the blood test result in the case, because no witness was present from the lab. The Court agreed and suppressed the .13 Blood Alcohol Level.
Prosecutors must have a written stipulation from an attorney concerning the BAC or refuse the request for a Bench Trial. The State cannot bring people from the lab to General Sessions Court. They are more than busy enough testing blood and attending the Criminal Court Trials.
Don't fall for the tactic that was used in this case.
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