McCarthy v. State

Judge MANNHEIMER,

concurring.

I write separately to address the question of whether it violates a DUI defendant's right of confrontation when the government relies on hearsay reports to establish that the breath test machine was properly calibrated at the time of the defendant's breath test.

I acknowledge that this Court's lead opinion correctly characterizes the case law on this issue. Both before and after the United States Supreme Court's decision in Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 *294S.Ct. 2527, 174 L.Ed.2d 314 (2009), courts from around the country have overwhelmingly…