Legal Topics

Criminal law — Driving under influence — Search and seizure — Breath test 

Dec 11th, 2022 in by admin

Criminal law — Driving under influence — Search and seizure — Breath test — Substantial compliance with administrative rules — Where department inspector who conducted annual inspection of Intoxilyzer five weeks after it was used to test defendant’s breath found that Flow and R Values were outside of acceptable range and could not say that results from instrument were reliable at or around time of testing, test results are inadmissible under either implied consent law or traditional scientific predicate — Motion to suppress is granted