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State v. N.H.

09/25/19

Troopers believed our client was under the influence of marijuana. They obtained a search warrant to obtain his blood to have it tested for THC. Troopers mailed the blood vials to the Minnesota Bureau of Criminal Apprehension (BCA) for testing. Unfortunately, both tubes were damaged during mailing and the BCA was unable to analyze the blood sample. We were sure the test results would prove our client was innocent, and were obviously disappointed to learn the exculpatory evidence had been destroyed.

With the only evidence of innocence destroyed, we considered our options. Instead of relying on the troopers’ unsubstantiated, subjective opinion (often heavily relied upon by jurors), we had our client’s hair tested for the presence of THC or other chemicals. The independent analysis proved our client’s innocence. Fortunately, the prosecutor recognized the overwhelming evidence of innocence and agreed to voluntarily dismiss the charges. Had our client not obtained our law firm we believe he would not have prevailed in this matter.

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