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Court of Appeals settles an evidentiary question in drunk-driving cases

In driving-while-intoxicated cases, the prosecution must prove that the breathalyzer machine utilized to collect a breath sample from the accused was in good working order, at the time of collection.  The Court of Appeals has now ruled that the prosecution need not produce expert witnesses at trial to prove that the breathalyzer was functioning properly.  The prosecution can now simply admit into evidence documents pertaining to the calibration, inspection, and maintenance of the machine.  This ruling alleviates the prosecution’s burden to produce at trial the technicians who have authored these documents.  And thereby deprives an accused of an area of attack on the prosecution’s case against them.

http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202588779484&thepage=1