In the case of State v. Smith, a common pleas court, sitting as an appellate court, determined that the trial judge took judicial notice of the type of area or the topography in which a driving-while-intoxicated arrest occurred. According to the reviewing court, why was the trial judge in error in taking judicial notice of the topographic condition of the land under the circumstances presented in this case? What was the rationale of the reviewing court in determining why judicial notice should not have been taken in this case?
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