State v. GH
The client was stopped at a roadblock and investigated for DUI. The client agreed to submit to the State breath test and requested an independent blood test at a nearby hospital. The client had about $200 cash with him to pay for the test, but the officer refused to take him to the hospital because he claimed the hospital charged more than $400 for the test and required payment upfront and the client did not have sufficient funds. It was revealed at a motion hearing that the officer had mislead the client or was misinformed about the cost of the blood test and violated the client's right to receive the requested test. The State breath test results were deemed inadmissible at trial and so the prosecution agreed to reduce the DUI charge to Reckless Driving.
Practice area(s): DUI / DWI