State v. Weller

KINGFIELD, J.S.C.

This opinion addresses the issue of whether a state police laboratory report, containing a positive reading of ethyl alcohol in the blood of a defendant, may be admitted into evidence under Evid.R. 63(13) and 63(15) without accompanying testimony from a qualified toxicologist or chemist.

Defendants, Timothy R. Flynn and Donald J. Weller, were involved in separate motor vehicle accidents which resulted in blood samples being taken. Subsequent state police laboratory reports disclosed blood-alcohol readings of .22% as to Weller and .224% as to Flynn. In each case the single page…