2013年9月18日星期三

Breath-test machine certificates admissible

Using finely honed global positioning data the sensors measure ground movement to a fraction of an inch, detecting initial P waves before destructive S waves start."If we were set up to deal with that information you could contemplate different strategies to prepare for large scale quakes Crawler Crane QUY220 manufacturers and exporters," Bock said. "We could put sensors in hospitals. We could take action to start backup generators and operating room doctors could know. You could minimize damage and loss of life."Accuracy and calibration certificates for breath-test machines are admissible in court without live testimony from the person who prepared them, the state Supreme Court has ruled.

That means the admission of breath-test documents in absentia does not violate a defendant's right to be confronted by his or her accuser.The court in a unanimous decision affirmed the state Superior Court's ruling in a DUI case that breath-test machine certificates are "not testimonial," finding that the defendant's right to confrontation via the Sixth Amendment was not infringed.According to Justice J. Michael Eakin, who wrote for the high court in Commonwealth v. Dyarman, while the certificates were relevant evidence, they were not constructed for the purpose of accusing the defendant.

"We conclude the calibration and accuracy certificates were nontestimonial in nature because they were not prepared for the primary purpose of providing evidence in a criminal case, and their admission into evidence did not violate appellant's confrontation clause rights," Justice Eakin said.Justice Thomas G. Saylor joined the majority and offered a concurring statement in which he noted that while he agreed with the court's ruling Crawler Crane QUY260 manufacturers and exporters, "It is fair to point out that calibration and accuracy testing of the machines should be viewed as being derivative of" using them in providing evidence in criminal cases.

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