¶1(concurring in result).
¶2Without citing any authority, the majority directs the trial court to determine “on the present record” the factual question of whether the arresting officer knew the arrest was for a third offense when he ordered the blood test. Why should we direct determination on the present record?
¶3If trial courts are to render justice, they must be able to search out the truth without interference by this court. If the state or defense has discovered “a smoking gun” why should either be precluded from presenting it? Our objective should be the truth, rather than the handcuffing of the trial judge. Otherwise, I agree with the majority.