State v. Bennett

OPINION OF THE COURT

SHAWN L. BRIESE, County Judge.

THIS CAUSE came before the Court on August 30, 1988 for an *57evidentiary hearing on Defendants’ Motions in Limine and/or Motions to Declare Sections 316.1932 and 316.1934 Unconstitutional. This Court upon consideration of testimony elicited, argument, and case authority, finds as follows:

The defense, in their motions, allege that the current Department of Health and Rehabilitative Services (HRS) regulations do not meet the Department’s responsibility to ensure reliable scientific breath test evidence. The only two issues raised in said motions…