People v. Mojica-Simental

I. Introduction

We granted certiorari in this case to consider two issues: first, whether section 16-8-309(5), 6 C.R.S. (2002), which allows eriminal-istics laboratory reports to be admitted without the testimony of the lab technician, applies in a driving under the influence (DUI) case; and second, whether section 16-8-309(5) is constitutional. We determine that section 16-3-309(5) does apply in a DUI case and is constitutional on its face.

At the commencement of the jury trial, the county court ruled that blood test results would not be admitted without the testimony of a lab technician under…