State v. Deimeke

KELLY, Judge.

Appellant was charged in an information with the offense of driving a motor vehicle while in an intoxicated condition, and after a jury trial was convicted and fined $100.-00. This appeal followed.

Although he relies on three points for reversal and remand for a new trial, we find his first point decisive and reverse and remand for a new trial without any evidence of the Breathalyzer test and its results.

The facts which are dispositive of this issue are that appellant was arrested on December 13, 1970, while operating his Cadillac auto over and along U.S. Highway 54 one and…