Comments on: Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials https://winbackyourlife.org/thousands-of-breath-tests-improperly-admitted-in-michigan-dui-trials/ Survive Your Michigan DUI Arrest - CALL (248) 306-9159 for your FREE case review Fri, 19 Nov 2010 22:14:41 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: pbarone https://winbackyourlife.org/thousands-of-breath-tests-improperly-admitted-in-michigan-dui-trials/comment-page-1/#comment-986 pbarone Sun, 13 Dec 2009 03:30:05 +0000 https://winbackyourlife.org/?p=964#comment-986 Re: Michigan DUI Help - New comment requires moderation on: Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials <p>Approve<br /> <br /></p> Re: Michigan DUI Help – New comment requires moderation on: Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials

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]]> By: Mass. DUI Lawyer https://winbackyourlife.org/thousands-of-breath-tests-improperly-admitted-in-michigan-dui-trials/comment-page-1/#comment-985 Mass. DUI Lawyer Sun, 13 Dec 2009 03:04:45 +0000 https://winbackyourlife.org/?p=964#comment-985 I am waiting to see if courts will require live testimony in DUI cases where the prosecution attempts to introduce breathalyzer calibration certificates. In Massachusetts, for example, breathalyzers must be certified annually and tested periodically. This is usually proven through the introduction of a certificate from the Office of Alcohol Testing of the State Police Crime Lab. The prosecution may now be required to have the chemist who performed the calibration and testing appear in court and be subject to cross-examination. I believe that these records do not fall within the “business record” exception to the hearsay rule because they are not maintained for police business. Instead, these records are created and maintained for the sole purpose of proving the accuracy of breathalyzer results at DUI trials. Brian E. Simoneau, Esq. <a href="http://www.<a href="http://www.massduidefender.com"" target="_blank">www.massduidefender.com"</a> target="_blank">Massachusetts DUI Lawyer</a> I am waiting to see if courts will require live testimony in DUI cases where the prosecution attempts to introduce breathalyzer calibration certificates. In Massachusetts, for example, breathalyzers must be certified annually and tested periodically. This is usually proven through the introduction of a certificate from the Office of Alcohol Testing of the State Police Crime Lab. The prosecution may now be required to have the chemist who performed the calibration and testing appear in court and be subject to cross-examination.

I believe that these records do not fall within the “business record” exception to the hearsay rule because they are not maintained for police business. Instead, these records are created and maintained for the sole purpose of proving the accuracy of breathalyzer results at DUI trials.

Brian E. Simoneau, Esq.
http://www.massduidefender.com“ target=”_blank”>Massachusetts DUI Lawyer

]]> By: Melendez-Diaz in Michigan DUI Cases | Experienced Criminal Lawyers https://winbackyourlife.org/thousands-of-breath-tests-improperly-admitted-in-michigan-dui-trials/comment-page-1/#comment-265 Melendez-Diaz in Michigan DUI Cases | Experienced Criminal Lawyers Thu, 08 Oct 2009 18:47:51 +0000 https://winbackyourlife.org/?p=964#comment-265 [...] Patrick Barone argues that thousands of breath test results have been improperly admitted in Michigan DUI cases. It is a [...] [...] Patrick Barone argues that thousands of breath test results have been improperly admitted in Michigan DUI cases. It is a [...]

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