Judge says blood alcohol test can be admitted

September 9, 2011 • State News

SANTA FE, N.M. (AP) — A state district judge ruled the results of a blood alcohol test can be entered into evidence if a Rio Arriba County man goes on trial for vehicular homicide.

Police say a blood sample [auth] taken from 56-year-old Juan de Dios Cordova several hours after a May 28 crash near Chimayo showed he had a blood-alcohol content of 0.14. The crash killed a motorcyclist on New Mexico 76, also known as the High Road to Taos.

The Santa New Mexican ( ) reports public defender Damian Horne argued that faulty handling of the evidence and the time between the accident and the blood draw should bar the results from being admissible in court. The crash occurred around 6 p.m. but Cordova’s blood sample was not taken until after 10 p.m.

State District Judge T. Glenn Ellington said he saw no evidence the blood sample was contaminated.

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