State v. McCormack

The state appeals a pretrial order that excluded evidence of an Intoxilizer test, because the person who administered the test did not testify. The state argues that the testimony of another qualified Intoxilizer operator who observed the administration of the test is an adequate foundation for the introduction of the test results. We agree and reverse.

Defendant was arrested for driving under the influence of intoxicants and was given an Intoxilizer test by Deputy Ackerman, who was not available to testify on the day of defendant’s trial. However, Officer Stein, who was qualified to…