People v. Wager

Smolensk!, J.

(dissenting). I respectfully dissent. I would affirm defendant’s conviction. The issue presented is whether the trial court abused its discretion in denying defendant’s pretrial motion to suppress defendant’s blood alcohol test results. This evidence was thereafter admitted at trial pursuant to the parties’ stipulation.

In a prosecution for operating a vehicle while under the influence of intoxicating liquor, there are four foundational requirements to the admission of the results of a chemical test of blood alcohol, one of which is “that the test was performed within a reasonable…