People v. Husted

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

On December 6, 1996, defendant was arrested for driving while intoxicated. At the police barracks, defendant was administered a breathalyzer test which resulted in a blood alcohol reading of .22%.

Prior to trial, defendant moved by order to show cause to preclude the breathalyzer results based upon the fact that silver was used in the ampoule, and that the proper chemical should have been silver nitrate. The court denied the motion without prejudice to renewal during the trial.

Defendant first argues that the…