WEST PALM BEACH, Fla. - Attempts by the attorneys for John Goodman to have his blood alcohol tests from his February 2010 crash thrown out have failed.
Goodman was driving a Bentley that hit Scott Wilson's car in 2010. Wilson's vehicle went into a canal, causing him to drown.
A jury found Goodman guilty of DUI manslaughter, but the conviction was later overturned after a juror was found guilty of contempt of court.
Goodman and his attorneys challenged Florida Department of Law Enforcement regulations for blood alcohol testing claiming that they are scientifically unsound for a variety of reasons.
Documents filed with the Florida Division of Administrative Hearings states that following the fatal accident in 2010, the nurse who collected Goodman's blood used a very small needle typically used to withdraw blood from infants instead of a larger needle that is supplied in the blood collection kit supplied by law enforcement.
Palm Beach County Circuit Court Judge Jeffrey Colbath, who presided over the Goodman trial and is scheduled to hear the retrial, approved Goodman's request to appeal the FDLE rules in Tallahassee.
The Division of Administrative Hearingsruled Wednesdaythat "the evidence fails to establish basis to invalidate implied consent rules."
Goodman's retrial is set for October.
