State v. Dingus

OPINION OF THE COURT

NORTON JOSEPHSON, County Judge.

This cause came on to be heard on defendant’s respective motions in *125limine to prohibit the introduction of the results of any breath test upon' the grounds that the. State would be unable to prove that the breath tests were administered in accordance with the rules of the Department of Health and Rehabilitative Services (hereinafter called DHRS), in effect at the time of the trial set for December 17, 1984.

FINDINGS OF FACT

1. Each of the defendants were arrested for D.W.I. prior to October 23, 1984 and were given a breath test in accordance…