People v. Vangelder

by
Defendant was charged with driving under the influence of alcohol and driving with a blood-alcohol concentration of 0.08 percent or more. During the trial proceedings, the trial court excluded expert witness testimony challenging the reliability of the breach-alcohol testing machines used on Defendant. The jury was unable to reach a verdict on the generic charge but found Defendant guilty of driving with 0.08 percent or more of alcohol in his blood. The court of appeals reversed, concluding that the trial court committed prejudicial error in excluding the challenged expert testimony. The Supreme Court reversed and affirmed Defendant's conviction, holding that the trial court properly excluded the challenged expert testimony, holding that the fundamental reliability of a federally approved, properly calibrated and employed breath-testing machine used in the application and enforcement of a per se statute is a matter that has been determined as policy by the Legislature, and a defendant's expert witness may not invite a jury to nullify that determination in the manner at issue here. View "People v. Vangelder" on Justia Law