State v. SML
The client was charged with DUI and submitted to a State blood test which showed a BAC almost three times the legal limit. After submitting to the State blood test, the client requested her own blood test at a hospital that was nearby. The officer knew the hospital charged over $200 for a blood test and would require payment upfront. The client only $100 in cash but could have gotten more money out of an ATM with her debit card, but the officer refused to drive her to the hospital since she did not have enough cash on her and refused to take her to an ATM. The State blood test results were suppressed and would not have been admissible at trial after it was determined that the officer did not accommodate the client's request for an independent test. The prosecution immediately offered to reduce the charges to Reckless Driving. Offer accepted!!
Practice area(s): DUI / DWI