If any case shows the necessity of hiring a DUI lawyer, it is this one.
Almost 3,000 DUI cases in Tennessee could be called into question after it was discovered that a TBI agent who handles blood test samples mishandled the evidence.
Special agent Kyle Bayer of Hamilton County, TN was fired on Monday for switching two blood samples in a case that involved drunk driving and vehicular homicide.
The TBI became aware of this situation when a Chattanooga defense attorney named Jerry Summers crossed-checked his client’s BAC results with the TBI’s lab results.
Summers’ client, Dale Edward Ferrell, was being charged with vehicular homicide. At the time of the incident, the TBI recorded his BAC to be .24. However, DUI attorney Jerry Summers obtained a sample of Ferrell’s blood that night and sent it off to a private lab. The private lab measured his BAC at .01 percent – - definitely below the legal limit in Tennessee. Ferrell’s DUI and vehicular homicide charges were dismissed.
According to Robert Daniel Royse, the assistant director of TBI, “All indications are that this was an isolated incident by an examiner who, despite extensive training, switched two adjacent blood samples at the onset of the analysis process and then failed to follow a number of procedural checkpoints that would have caught the error.”
However, Summers has other clients that could be affected by Bayer’s mishandling of evidence. This past Tuesday, the District Attorney released the names of 323 DUI offenders in Hamilton County that could be affected. Altogether, 2800 DUI cases throughout Tennessee with tests handled by Bayer could be called into question.
“I’m glad the TBI is diligently looking into this,” Summers stated. “Hopefully if there have been people convicted wrongfully, it will be corrected. There may be several people who might be wrongfully convicted and that’s not the way our justice system should work.”
It’s important that a DUI offender work with the justice system to make sure their charges are handled correctly. That’s why an offender should exercise their right to an experienced DUI lawyer to fight their charges. If you’ve been arrested for a DUI, find a lawyer right away!
Source: Times Free Press –