State v. Warf

BRITT, Judge.

Defendant’s assignments of error all question the admissibility into evidence, over defendant’s objection, of the results of a breathalyzer test given to defendant when there was no evidence presented by the State that (1) the test was administered according to methods approved by the State Board of Health and that (2) the test was administered by a person possessing a valid permit issued by the State Board of Health for that purpose, as required by G.S. 20-139.1 (b). The assignments of error are well taken.

The decisions of this court in State v. Caviness, 7 N.C. App. 541, 173…