A court recently ruled that where prosecutor failed to prove existence of legitimate independent source identifying defendant as driver of vehicle at time of crash, any evidence as to identity of the driver is inadmissible in the DUI criminal case. Finally court destroyed the State’s case when it found that where the cop did not observe evidence of impairment and the odor of alcohol until after he had requested that defendant submit to field sobriety exercises and had demonstrated first exercise, any evidence related to field sobriety exercises was inadmissible.
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Source: FLW Vol 16 / 863a
Corpus Delicti – DUI – Statements of Identification