CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: Qualifications
.........Qualifications of Expert
............Challenging Qualifications
6 Cards On This Topic:

Qualifications of proposed expert must be established on objection.

Court must determine whether expert is qualified.

Adverse parties may examine or "voir dire" proposed expert re qualifications.

Determination of qualifications may, but need not, be conducted out of presence of jury.

Mere fact a certified phlebotomist did not have appropriate license held by those persons allowed to draw blood for VC 23158 BAC did not make the blood draw unreasonable after reasonable traffic stop.

Court has discretion whether to determine question of admissibility of evidence in presence of jury. Jury present when most preliminary facts established.