State v. Adams

Goolsby, Judge:

Thomas K. Adams appeals the order of the Circuit Court affirming his conviction in the Magistrate’s Court for driving under the influence. The issues in this case relate to lost evidence. We affirm.

Adams’ conviction came after two trials ended in mistrial. Before the third trial began, Adams moved to dismiss the DUI charge because the State never produced, pursuant to his motion to compel disclosure, the original record of the results of a breathalyzer test administered him following his arrest and because the magistrate after the second trial lost an original and carbon copy…