Orr v. State

I respectfully dissent from that portion of the majority opinion which holds admissible the results of the blood-alcohol test. I would reverse and remand for a new trial.

Orr's challenge to the adequacy of the foundation relative to the accuracy of the blood-aleohol test concerns the proper testing of the control sample. At the suppression hearing and at trial, Orr presented his expert witness, Dr. Frajola, who testified that accurate results could not be obtained unless an independent test was first conducted upon the control sample to determine that it was devoid of the substance for which…