Friday, March 25, 2011

Blood "Split" Retest Order prepared by San Diego Calfornia DUI Lawyer

A portion of the blood or urine sample described below may be released to Defendant’s forensic expert, or the expert’s authorized representative, as long as, in the opinion of the arresting agency’s forensic expert, a sufficient amount of the sample will remain to permit retesting of the sample.

Arresting Agency: CHP (e.g.)
Sample Number:
Booking/File #:
Date of Arrest:
Date of Birth:

Any stipulation pertaining to fluids drawn by or in the possession of persons not employees or agents of law enforcement agencies or for who the City Attorney has no authority is void.

By this stipulation, we do not attest that we have verified the existence of such a sample.
This stipulation is only applicable if there is enough fluid to divide with enough fluid retained by the law enforcement laboratory to retest. If there is not enough fluid to retain and retest, the City Attorney expressly refuses to stipulate to release of the sample and this stipulation is such event is void.

IT IS HEREBY AND EXPRESSLY AGREED to that the Office of the City Attorney’s stipulation to release the aforementioned fluid sample is predicated and conditioned upon the stipulation of the defendant by his/her counsel to the following terms:
1. Defendant waives all chain of custody arguments, issues and defenses regarding the aforementioned fluid sample arising out of the division release and re-analysis of the sample pursuant to this stipulation and order.
2. Only a portion of the fluid sample will be released. The law enforcement agency will reserve enough fluid for retesting.
3. Defendant agrees to return the specimen to the custody of the agency from which the specimen was obtained no later than the day before trial.
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Predicated upon the express terms stated above and agreed
to by the Defendant by his/her counsel, IT IS HEREBY STIPULATED by and between the parties to this action that (insert private laboratory name), a State of California licensed forensic analyst or his or her duty authorized representative, may obtain from the SAN DIEGO SHERIFF’S CRIME LAB the aforementioned fluid sample, which is to be returned within the prescribed time.


Dated: By:

Rick Mueller
Attorney for Defendant





Dated: Office of the City Attorney



Attorney for Plaintiff


ORDER

Upon reading the foregoing stipulation, waiver and good cause

appearing thereto: IT IS SO ORDERED.



Dated:

Judge of the Superior Court