People v. Smith

(Modified upon denial of rehearing 11/13/15.) Jury convicted Defendant of driving with alcohol concentration of 0.08 or more. State failed to establish foundational requirement that his Breathalyzer test results were certified as accurate at least once within 62 days prior to his test. Although electronic certification contains raw date from accuracy tests conducted electronically by State Police, it provides no interpretation of that data, so it cannot be determined whether Breathalyzer test performed within accuracy tolerance and was certified as accurate for that time period. (HOFFMAN and HALL, concurring.)