State College Admissibility of Breath Test Evidence Lawyer
The Pennsylvania Superior Court issued a decision that held that calibration logs for breath test devices were not “testimonial” documents, and that ruling allows for the prosecutor to admit those documents into evidence without calling the calibration technician at trial. This makes it easier for a prosecutor to admit breath test evidence in DUI cases.
The Ruling Impacts Centre County DUI Investigations
In Centre County DUI investigations, a person that is arrested for DUI is normally transported to the Mount Nittany Medical Center for a blood draw. The blood is then sent to a state police laborartory for testing. This court ruling will allow the Centre County District Attorney to admit calibration and accuracy logs for the blood testing equipment without calling the person that did the actual calibration or testing. The prosecution can instead call the lab director and have them testify about the results of the testing.