State v. Richardson

Carley, Judge.

An accusation was filed which charged appellee with two counts of driving under the influence and one count of stopping unlawfully on a roadway. Appellee filed a pre-trial motion to suppress the results of an intoximeter test which had been made of his breath. In his motion, appellee asserted that, under applicable administrative rules, the results of his intoximeter test were invalid because the test had been administered less than twenty minutes after his arrest. At the hearing on the motion, a witness for appellee testified as to the existence of an “unwritten” twenty-minute…