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459 So. 2d 171

State v. Dangerfield

Louisiana Court of Appeal

Decided October 31, 1984

Louisiana Court of Appeal · decided 1984-10-31

Cited by 1 later decisions — most recently February 1991

1 state decisions

Relies on 392 So. 2d 1037 - State v. Morrison · 405 So. 2d 832 - State v. Krause · 403 So. 2d 1225 - State v. Gregory

Good law ✅— No negative treatment on recordhow we know

Decided 1984-10-31

View the full empirical analysis of this case →

MARVIN, Judge.

¶1We granted a writ of review and ordered the record of Dangerfield’s conviction of DWI 2d offense to be filed in this court.

¶2This record clearly shows that the trial court erred in admitting, over defendant’s objection, the results of a test made of defendant’s blood by a medical technician without first requiring the State to show that the technician held a valid permit to administer such a test and that the test was made in accord with the procedures and techniques officially promulgated by the Department of Public Safety. LRS 32:663, 664. State v. Junell, 308 So.2d 780 (La.1975); State v. Bruins, 315 So.2d 293 (La.1975); State v. Krause, 405 So.2d 832 (La.1981).

¶3Under these circumstances, the conviction must be reversed and the case must be remanded to allow defendant to be retried. State v. Gregory, 403 So.2d 1225 (La.1981); State v. Morrison, 392 So.2d 1037 (La.1980).

¶4The other assignments of error need not be considered.

¶5REVERSED and REMANDED for a new trial.

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