Oct

25

Road Side Breath Test Ruled Inadmissible Evidence in New Mexico DUI Case

By Guest Attorney

The New Mexico Court of Appeals recently threw out DUI evidence when the arresting officer was unable to testify in court about how the road side breath-testing machine he used during the arrest was maintained to assure its accuracy. Without the officer’s testimony regarding the maintenance and accuracy of the breathalyzer, the breath test was inadmissible as evidence against the driver. The driver was consequently acquitted and the charges dropped.

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