People v. Tomko

In this drunken driving case, defendant appeals by leave granted the Recorder’s Court’s affirmance of the district court’s denial of defense motions for suppression of evidence and dismissal of the charge. Defendant challenges the Breathalyzer procedures used and the prosecutor’s conduct with regard to discovery. We affirm.

Defendant was arrested shortly before midnight on April 3, 1990, after a portable sobriety test showed his blood alcohol level to be 0.131 percent. After he was transported to the state police post, a Breathalyzer test administered at 12:45 a.m. showed that defendant’s…