ND: Video supports trial court’s finding of no consent to blood test

The video of defendant’s stop supports the trial court’s finding of lack of consent, and it’s affirmed. “The district court’s decision to suppress the results of the blood test was based upon a finding Hawkins did not voluntarily consent to the blood test. The district court observed the arresting officer’s testimony and evaluated its credibility, twice. The court also had the opportunity to review two separate police videos from the arrest. Review of the videos provided the court with an opportunity to observe Hawkins’ demeanor and the attendant circumstances as they occurred on the night of Hawkins’ arrest. The district court found Hawkins did not voluntarily consent to the blood test under the circumstances presented.” State v. Hawkins, 2017 ND 172, 2017 N.D. LEXIS 169 (July 12, 2017).