State v. Fahey

This is a DWI case. It is before us on appeal regarding the propriety of the circuit judge receiving into evidence the results of James Fahey’s breathalyzer test. The blood alcohol was 0.22%. The trial court denied a motion to suppress. We are convinced that Fahey’s contention that the trial court erred is without merit.

Fahey consented to a breathalyzer test after his arrest for DWI on May 5, 1977. Two preliminary hearings were held herein. The first was held on May 20,1977, before a law-trained magistrate. The law-trained magistrate granted Fahey’s motion to dismiss. The second was held on…