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Wednesday, May 25, 2011

Courts - "Records suffice for breath evidence in DUI, court says"

Martin Finucane reported today in the Boston Globe in a story that begins:

The state’s highest court ruled yesterday that prosecutors in drunken driving cases do not have to call a technician to testify that the breath-analysis device used by police worked properly.

The Supreme Judicial Court rejected arguments by a woman convicted of drunken driving in Greenfield that the annual certification of the machine and accompanying records constituted testimony from a witness and thus required that the defense be given a chance to cross-examine the person who had prepared them.

The opinion in Commonwealth v. Zoanne Zeininger.

Posted by Marcia Oddi on May 25, 2011 10:33 AM
Posted to Courts in general