Legal Topics

Criminal law — Driving under influence — Evidence — Breath test — Substantial compliance with administrative rules 

Oct 20th, 2023 in by admin

Criminal law — Driving under influence — Evidence — Breath test — Substantial compliance with administrative rules — Agency inspection that was required before Intoxilyzer could be returned to evidentiary use following annual inspection was not conducted in substantial compliance with administrative rules where the instrument was re-tested after two failed tests and no notation was made of the reasons for repeating the test — Motion to suppress breath test results is granted — Subsequent monthly agency inspections prior to defendant’s breath test did not cure lack of substantial compliance