State v. Mills

MITCHELL, Judge.

The defendant first assigns as error the admission of the testimony of two officers that the breathalyzer was administered to the defendant at 1:05 p.m. when the written breathalyzer record indicated that it was administered at 12:15 p.m. The defendant contends that this violated the best evidence rule. We do not agree.

The best evidence rule indicates that a writing is the best evidence of its contents. The rule does not apply “to writings when their contents are not in question or when they are only ‘collateral’ to the issues in the case.” 2 Stansbury, N.C. Evidence (Brandis…