State v. Tanner

A pretrial hearing was held on defendant’s motion to suppress results from an auto-intoximeter breath test. The state did not object to the hearing. The trial judge found that1 the Louisiana Department of Public Safety Regulations setting forth the guidelines to insure the accuracy of the auto-intoximeter’s test results were not in accordance with the applicable jurisprudence of the state of Louisiana. Cf. State v. Goetz, 374 So.2d 1219 (La., 1979). Specifically, according to the trial court, the state failed “... to bear affirmative and detailed proof that the known alcohol standard used to…