State v. Smith

Defendant appeals from his conviction for driving while under the influence of intoxicants. At trial, evidence was introduced that his breathalyzer test produced a blood alcohol reading of .23 percent. He contends that reversible error was committed by admitting in evidence two documents certifying that the breathalyzer equipment was in proper operating order, 2 without requiring the individual who actually inspected the equipment to testify. He claims that the certificates of breathalyzer inspections are inadmissible hearsay and encompass expert testimony. We discuss only the hearsay…