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March 3, 2015

Pardalis & Nohavicka Crim Pro Update: Intoxicated Driver’s Testing Unit Videotape -- All or Nothing

Court found that refusal warnings given to the defendant were improper and suppressed the  video showing the refusal. The People argued that the part of the video where driver was being carried into the 45 Precinct should have been allowed because it was unrelated to the refusal. Court disagreed stating that displaying part of the video would impermissibly lead a jury to conclude that defendant was brought to the precinct for a chemical breath test. Video is out.

People v Borzon (BX)
http://www.courts.state.ny.us/reporter/3dseries/2015/2015_25053.htm#1FN

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