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Home / Opinion Digests / Criminal – Public Intoxication – Breathalyzer Certificate & Operator – Witness – Failure To Produce – Reversal (access required)

Criminal – Public Intoxication – Breathalyzer Certificate & Operator – Witness – Failure To Produce – Reversal (access required)

Where defendant requested a copy of his breath test certificate and the name of the examiner but did not receive either one pre-trial, the prosecutor stipulated that it did not disagree that .02 was the breath test result, and the trial judge refused to allow defendant to call the examiner as a witness; defendant's conviction ...

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