The Cross-Examination Conducted by the Defense Counsel
Hearing Officer: Counsel, do you wish to cross?
Mark Rosenfeld: Yes, thank you. Good morning, Mr. Expert.
Expert: Good morning.
Mark Rosenfeld: Just speaking right where you left off. There’s two possibilities depending on the drinking pattern, right?
Expert: Yes, it’s correct.
Mark Rosenfeld: Can you say that it’s more likely than not above or below 0.08?
Expert: Well, I haven’t heard any further evidence, I’d have to know the results of any field sobriety tests that were performed at the time of the stop and I can make that conclusion. But right now, just based on the results of the blood alcohol analysis, I can’t say either way.
Mark Rosenfeld: So you can’t say that it’s more likely that he is or more likely that he is not a 0.08 or above at the time of the driving.
Expert: That’s correct, considering we’re not sure what the drinking pattern was before the stop was made.
The Blood Sample Taken from DUI Defendant’s Is Generally Stored in Vacutainers
Mark Rosenfeld: Alright, Mr. Expert, you also said that you used a gray tube to, that contained blood, to do the analysis of the blood, I’m sorry, the blood was contained in a grey top vacutainer tube, right?
Expert: Yes, correct.
Mark Rosenfeld: Okay, and you said that that vacutainer had anti-coagulant preserves in it?
Expert: Yes.
Mark Rosenfeld: And that the blood vial was refrigerated shortly after the blood draw?
Expert: Yes.
Fermentation Can Take Place Even If There Is a Preservative in the Blood Vial
Mark Rosenfeld: Okay, and you’re aware that there is literature that says that even if there is a preservative in the blood vial, that fermentation still can take place.
Expert: Yes, that is a possibility, especially if the defendant has microbes in the blood already, they would exist in the tube at the time of collection. Or if the tube were inoculated somehow with bacteria that’s capable of producing ethanol growth.
Mark Rosenfeld: Okay. And do you also testify that the refrigeration would slow down any bacterial microbial growth if there was any.
Expert: Yes, it would.
Mark Rosenfeld: Okay, but there’s also literature that says refrigeration does not 100% stop it.
Expert: Uh, well that’s correct. Really nothing 100% stops any growth, except absolute zero, and refrigerators simply don’t get that cold.
Chromatography Is Basically Construed as a Science of Separation
Mark Rosenfeld: Okay. Now, switching to the chromatograms, those were the graphs, correct?
Expert: Yes.
Mark Rosenfeld: Okay, and the chromatography, would you agree that chromatography is a separation science?
Expert: Yes.
Mark Rosenfeld: And the goal of chromatography is to separate different compounds?
Expert: Yes.
Mark Rosenfeld: And when you analyzed this sample in your lab, you used a column that was specifically designed for alcohol?
Expert: Yes.
Mark Rosenfeld: And when you analyzed the sample, you would expect to see two peaks in the chromatogram print up?
Expert: Yes, that’s correct.
Mark Rosenfeld: One peak would be an n propanol and the other peak would be an ethanol peak.
Expert: Yes.
Personal Attention
