Legal Topics

Criminal law — Driving under influence — Substantial compliance with administrative rules — Twenty-minute observation period 

Feb 01st, 2024 in by admin

Criminal law — Driving under influence — Evidence — Breath test results — Substantial compliance with administrative rules — Twenty-minute observation period — Where breath test operator did not observe defendant for entire twenty-minute observation period, but arresting officer had unobstructed view of defendant from four to five feet away for entire period and did not hear or see defendant ingest anything or regurgitate, there was substantial compliance with observation requirement