 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Frey1/25/2005
am (MAIT). The State appealed, and this court noted that evidence obtained in violation of a statute "is not necessarily inadmissible absent a demonstration of prejudice resulting from the violation." Id. at 344, 543 S.E.2d at 586. We remanded to the trial court since " t did not make any findings on whether Sheldon would be prejudiced by MAIT's investigation of the collision." Id. Here, the trial court on remand shall, on the existing record, determine whether the State's failure to comply with section 56-5-2950 (a) "materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure." Cf. State v. Huntley, 349 S.C. 1, 6, 562 S.E.2d 472, 474 (2002) (noting that, in a DUI prosecution, breathalyzer operator error did not impact the accuracy of the breath test results, concluding " here is no question the breathalyzer machine was operating properly and its results were reliable"); State v. Chandler, 267 S.C. 138, 142, 226 S.E.2d 553, 555 (1976) (holding that evidence seized at nighttime was properly admitted pursuant to warrant authorizing a search "in the daytime only" since the court determined the violation had no impact on the reliability or probative value of the evidence).
CONCLUSION
Because the State failed to establish Frey's blood sample was obtained by a licensed physician, registered nurse, or "other medical personnel trained to obtain the samples in a licensed medical facility" as mandated by section 56-5-2950, we remand to the trial court to determine whether "such failure materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure." An answer in the affirmative shall entitle Frey to a new trial, but otherwise, the admission of the blood test results and resulting conviction shall stand affirmed.
REVERSED IN PART AND REMANDED.
HEARN, C.J., and HUFF, J., concur.
Page 1 2 3 4 South Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|