State v. Sutton

Defendant was convicted of drunken driving and appealed.

His sole assignment of error was the receipt into evidence of a checklist used by a police officer in the operation of a breath analysis machine when he conducted a test upon defendant’s breath. The checklist was one furnished by the State Board of Health for the use of police officers to assure the machine’s correct operation. Proper operation of the machine requires certain steps to be taken in sequence and the officer checks each step off the list as he performs it. The officer testified to the successive steps he took in the…