The reason the cases are being thrown
out is that many analysts are not available to testify in person at DWI trials. Gov. Susana Martinez has suggested using video conferencing as a simple
solution to the problem.
When police arrest a DWI suspect, that person's blood
has to be tested by a certified analyst at state crime labs. However, by law,
that analyst must appear in court to testify. The requirement is creating a
backlog. Those trials can take days and the governor said analysts must
sometimes shuffle subpoenas and choose which trial to testify at, meaning other
cases would get thrown out.
The governor would have the analysts step into a
video conferencing room when they need to testify. The governor said she'll
push for a law that allows video-conferencing when the legislative session
starts next week.
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