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Question

Case 18.3
Detective Smith has been assigned to investigate a DUI with injuries that occurred several weeks ago. The car was driven by Mrs. Olive and the responding officer was unable to establish she was under the influence using field sobriety tests. Mrs. Olive was taken to a nearby emergency room and she provided urine, blood, saliva and breath evidence. Detective Smith notices that her jacket and knit cap were also taken into evidence.

If the urine, blood, saliva and breath evidence are unable to establish DUI in this case,
a. dashboard video will prove the case.
b. the officer can testify if she smelled alcohol, but only if it is noted in her report.
c. the horizontal gaze nystagmus test would be relevant, if done.
d. Mrs. Olive will not be successfully prosecuted based on scientific evidence.

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