State v. Gray

MORRIS, Judge.

• Defendant contends, inter alia, that the trial court erred in admitting evidence of the breathalyzer test over his objection in view of the State’s failure to establish as a foundational-requirement that the test, as performed, met the operational standards prescribed by statute. We agree. The failure of the State to produce evidence of the test operator’s compliance with G.S. 20-139.1 (b) must be deemed prejudicial error.

During the course of the trial, W. P. Thomas, a qualified operator of the breathalyzer machine, testified on voir dire that he administered the test to…