State v. Tanner

ON REMAND FROM THE LOUISIANA SUPREME COURT

Before FORET, YELVERTON and KNOLL, JJ. FORET, Judge.

Defendant, William Tanner, was charged by grand jury indictment on November 16, 1980, with negligent homicide. On December 17, 1981, he filed a motion to suppress the results of a breath analysis test performed on him on November 8, 1980. The trial court granted the motion and in so doing, ruled that the Department of Public Safety Regulations on the use and maintenance of the auto-intoximeter are insufficient to insure the accuracy of the analysis. The State applied to this Court for review of the…