State v. Mills

On May 9 and 10, 1974, Douglas C. Mills was tried for operating a motor vehicle with a blood alcohol content of .10 or above. At the close of the State’s case, the defendant moved for a directed verdict of acquittal on the ground that the State had not proved 'thát the chemical analysis of the breath sample had been performed according to methods approved by the State Department of Health. The court denied the motion. The defendant renewed his motion at the close of all of the evidence. The court reserved its ruling on the motion and instructed the jury that the question of the method of…