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Try CasePortal for FreeJ. Hood finds the district court improperly excluded portions of a video to the jury that shows the defendant refusing to test for suspicion of DUI. This error influences the fairness of the trial, and most likely the jury’s verdict. The defendant has since died, but the portion of the opinion on the administrative definition of “refusal” is remanded for a new trial. Affirmed in part. Reversed in part.
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