New Jersey Courts have applied this principle in DWI cases where blood samples have been taken to establish the Blood Alcohol Content of Defendants. In State v. Berezansky, the Appellate Division held that laboratory certificates of blood test results could not be used to prove compliance with testing procedures, in the absence of testimony by the laboratory technician who conducted the test.
Similarly, in State v. Renshaw the Court held that the State cannot demonstrate that a blood sample taken from a Defendant was taken in a reasonable manner without the testimony of the nurse or phlebotomist who took the sample.
These decisions are important in affording a Defendant the opportunity to require the State to prove it’s case with testimony which in turn, will allow cross examination by the Defendant’s attorney. This will provide the Court with important information in determining whether procedures employed in withdrawing blood meet applicable standards.