Ritchie v. State

BUSSEY, Presiding Judge

(specially concurring):

I agree with my colleagues that the case must be reversed and remanded, for it does not affirmatively appear that the sobriety tests were freely and voluntarily participated in by the defendant; however, I believe the rule relating to the admissibility of motion pictures taken of a sobriety test should be that which I heretofore have stated in Spencer v. State, supra, that:

“ * * * in order to render motion pictures of the ‘Alcoholic Influence Test’ admissible, it need only be shown that the tests were performed voluntarily by the accused. If they were performed voluntarily and the officer could describe the conduct of the accused in performing the tests, the motion pictures of the same would be admissible irrespective of whether or not the accused knew that they were being taken. And, conversely, if the tests were performed while the accused acted under compulsion and duress, neither the testimony of the officer nor the motion pictures of the tests would be admissible.”