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People v. Gillett6/8/1981
e arrested driver's right to a blood test under the statute is analogous to the suppression of evidence. See Garcia v. District Court, 197 Colo. 38, 589 P.2d 924 (1979). Trial courts retain broad discretionary authority to prevent manifest unfairness in governmental procedures relating to the acquisition and preservation of evidence potentially favorable to an accused. E.g., People v. Morgan, 199 Colo. 237, 606 P.2d 1296 (1980) (failure to police to preserve severed fingertip found at scene of homicide justified trial court's suppression of all evidence relating to the fingertip); People v. Garcia, supra (failure of police to collect and preserve breath samples in testing alcohol content of defendant's breath requires new trial); People v. Poole, 192 Colo. 56, 555 P.2d 980 (1976)(police officer's disregard of subpoena duces tecum requiring him not to shave beard resulted in loss of crucial defense evidence and justified trial court's dismissal of felony charges); People v. Harmes, 38 Colo. App. 378, 560 P.2d 470 (1976) (negligent destruction by police of videotape of altercation between defendant and police entitled defendant to dismissal of second degree assault charge). The court's dismissal of the driving under the influence charges pending against these defendants was not an unreasonable exercise of its discretion in fashioning an appropriate remedy to correct the improper governmental conduct in relation to the implementation of the implied consent statute.
We affirm the judgment of the district court.
Disposition
JUDGMENT AFFIRMED
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