State v. Holcomb

The majority’s position, carried to its logical conclusion, would make the regulations governing administration of Intoxiliyzer tests meaningless, insofar as they establish a *161threshold for determining admissibility of this kind of evidence in a trial. The trier of fact would be permitted to weigh the significance of any testing error. The majority labels the use of a test card a procedure “that simply record[s] the fact that the operator performed the correct procedure,” despite the fact that the test card is often the only evidence of the result of an Intoxilyzer test. If that is so, it is…