Daniels v. State

John B. Robbins, Judge.

Appellant Frederick Daniels was convicted by a jury of second-offense driving while intoxicated. He was sentenced to 104 days in jail and fined $400.00. Mr. Daniels appeals from his DWI conviction, arguing that the trial court erred in admitting evidence that he failed a portable breath test. Mr. Daniels further argues that the trial court erred in admitting the result of the breathalyzer test taken at the police station. W e agree with both of appellant’s arguments, and we reverse his DWI conviction.

Prior to trial, Mr. Daniels filed a motion in limine asking the trial…