People v. Romeo

OPINION OF THE COURT

Betty D. Friedlander, J.

In this pretrial motion for suppression of a breathalyzer test, defendant has requested a hearing to provide him with an opportunity to present expert testimony concerning the scientific feasibility of preserving defendant’s breath sample and the scientific necessity of conducting a second analysis of defendant’s breath to establish the validity of breathalyzer test results. In support of his application, defendant presents the testimony of a forensic chemist, who states that breath samples can and should be preserved for retesting by the defendant…