Expired Is Not New

Boone County, Iowa.  Attorney Matt Lindholm recently appeared before a Boone County judge arguing that the use of a blood testing kit that was expired by five years and was used to collect his client’s blood for a drunk driving prosecution should not be admissible.  At the heart of the issue was whether the blood testing kit was “new” as required by Iowa law in order for the blood test results to be admissible.  The judge found that the kit was not knew because it was expired and threw out the blood test results.  The charge was ultimately reduced to a simple misdemeanor and the client avoided a criminal conviction for OWI and did not lose his driver’s license.  This case represents the importance of looking at the finite details of every case because you just never know what you might find!