State v. Deloit

OPINION

WADE, Judge.

The defendant, Douglas Russell Deloit, was convicted of driving under the influence. The trial court imposed a jail sentence of eleven months and twenty-nine days, suspended all but forty-eight hours, and barred the defendant from driving for one year. In this appeal of right, the defendant challenges the admission into evidence of breath test results and argues that the evidence is otherwise insufficient to sustain the conviction. We agree that the trial court erred by admitting the test results. The judgment is, therefore, reversed and the cause remanded for a new trial.

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