State v. Johnson

This appeal arises out of Appellant Bruce Scott Johnson’s magistrate’s court conviction after a jury trial for driving under the influence (DUI). The circuit court affirmed. On appeal, Johnson argues the magistrate’s court erred in: (1) failing to dismiss the charge based on the State’s failure to record audio until the two minute and thirty-second mark of the incident site videotape and (2) failing to dismiss the charge based on the State’s failure to videotape the breath test. We need not reach the issue regarding the incident site video as we find reversal appropriate based on the failure…