Court says no to testing where blood is drawn after DWI arrest

The Fifth Court of Appeals in Dallas reversed Dallas County Judge Nancy Mulder’s decision that allows the examination of a chair and room for diseases at the Dallas County jail. The chair in question is where blood is drawn from people who have been arrested for DWI charges. The ruling argued that the tests were not necessary to the case of Joshua Barton, who is represented by Attorney Mark Lassiter.

In the opinion penned by Chief Justice Carolyn Wright, she said, “He presented no evidence he actually suffered illness that in some way could be linked to the blood test.” In April 2016, Mulder granted an order to test for diseases after criminal defense attorneys made the motion that the room was not sanitary and was in violation of Texas law. The Dallas County District Attorney’s Office asked the appeals court to overturn Mulder’s decision.

A criminal charge conviction can bring devastating consequences to those accused. If you are charged with a criminal offense in Dallas, seek the legal expertise of the attorneys at the Law Offices of Mark T. Lassiter. We have dedicated our careers to protecting the rights of people convicted of crimes. Call our offices at (214) 845-7007 to learn more about your legal options.

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