State v. Neva
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The Supreme Court affirmed Defendant’s conviction upon a nolo contendere plea for driving under the influence (DUI), holding that the arresting officer did not unreasonably impede Defendant’s right to obtain an independent blood test, and therefore, the district court did not err in denying Defendant’s motion to dismiss the DUI charge.
On appeal, Defendant argued that not releasing her at the police station and instead driving her home, ten miles from the hospital, was a deviation from standard procedure that frustrated her ability to obtain an independent blood test. The Supreme Court disagreed, holding that, under the facts of this case, the officer did not unreasonably impede Defendant’s right to obtain an independent blood test.
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