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Home / Courts / Criminal Practice – Felony DUI – Video Requirement – Hospitalized Defendant – Blood Test – Probable Cause (access required)

Criminal Practice – Felony DUI – Video Requirement – Hospitalized Defendant – Blood Test – Probable Cause (access required)

State v. Manning Since defendant had already been taken to the hospital before the investigating officer arrived at the incident scene, it was physically impossible for the officer to produce a video recording of defendant at the incident scene. Despite the state’s failure to produce an affidavit to this effect, a video recording was not required because the officer was investigating a traffic accident and defendant was arrested at the hospital.

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