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Spencer was also banned from driving for eight years, with a recommendation that he face an extended retest before being allowed to drive again.

In some cases, existing samples may be too small to retest, the department said.

Scott Peterson, convicted in 2004 for the murder of his pregnant wife Laci Peterson and unborn son, has been granted a DNA retest on crucial evidence.

In May, a judge denied Peterson’s legal team’s request to retest the mattress.

They included changing rules to stop drivers booking tests before they are ready and lengthening the wait for a retest for those who fail.