Jonathan Muir is just twenty one years old and he has a tremendous legal battle ahead of him. Just over a week ago Muir was driving a 1984 sports car at around 1:30 a.m. Muir apparently lost control of the car and struck a tree. One of his three passengers was killed while two others were injured. Muir now stands charged with Motor Vehicle Homicide while OUI. Muir has also been charged with two counts of causing serious bodily injury while under the influence of alcohol and operating negligently so as to endanger.
The article failed to report whether a blood alcohol reading was obtained from Muir. An article in Cape Cod Times reported that Muir too was injured and was taken to a hospital for treatment. It is probable that the hospital took a blood sample from Muir which is protocol for treating patients who are admitted. A toxicology work up would disclose Muir’s blood alcohol level, if any. The blood tests are the most accurate however they are fallible. I have blogged on this in the past. In scrutinizing blood tests criminal defense lawyers look for possible blood sample contamination. If contamination is demonstrated then we try to get a judge to exclude evidence of the defendant’s blood alcohol level. The issue of impairment can also be challenged if the blood readings are not consistent with the amount of alcohol consumed.
Our office uses toxicologists on our OUI cases, particularly those involving serious bodily injury or death. For more information, or to discuss your case, please call us at 617-263-6800 or contact us online.