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Home / Opinion Digests / Criminal Law / Preliminary Breath Test Inadmissible, Not Harmless (access required)

Preliminary Breath Test Inadmissible, Not Harmless (access required)

At defendant’s trial for reckless driving, the trial court erred in admitting testimony of the preliminary breath test with a BAC of 0.04 when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly, and the Court of Appeals reverses defendant’s conviction. We further hold that, in the ...

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