Ditcharo v. State ex rel. Department of Transportation & Development

Supreme Court of Louisiana

Ditcharo v. State ex rel. Department of Transportation & Development

164 So. 3d 167, 2015 La. LEXIS 497, 2015 WL 1133362

CourtSupreme Court of Louisiana

DecidedMarch 13, 2015

DocketNo. 2014-CC-2671

StatusPublished

This text of 164 So. 3d 167 (Ditcharo v. State ex rel. Department of Transportation & Development) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ditcharo v. State ex rel. Department of Transportation & Development, 164 So. 3d 167, 2015 La. LEXIS 497, 2015 WL 1133362 (La. 2015).

Pincite

Opinion

PER CURIAM.

|! Granted. Nothing in La. R.S. 13:3714(0 specifically requires production of the records of the calibration of the machine used to perform the blood alcohol test. Rather, the statute merely requires the party seeking to introduce the test to lay a proper foundation for admission of the test into evidence. In the instant case, relator laid a proper foundation by introducing the deposition of the director of the laboratory, who testified he reviewed the calibration records at the time of testing and opined that test results were verified only after insuring the calibration was within the industry standards.

Accordingly, the writ is granted. The judgment of the district court is reversed, and the ease is remanded t'o the district court for further proceedings.

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PER CURIAM.

|! Granted. Nothing in La. R.S. 13:3714(0 specifically requires production of the records of the calibration of the machine used to perform the blood alcohol test. Rather, the statute merely requires the party seeking to introduce the test to lay a proper foundation for admission of the test into evidence. In the instant case, relator laid a proper foundation by introducing the deposition of the director of the laboratory, who testified he reviewed the calibration records at the time of testing and opined that test results were verified only after insuring the calibration was within the industry standards.

Accordingly, the writ is granted. The judgment of the district court is reversed, and the ease is remanded t'o the district court for further proceedings.

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Bluebook (online)

164 So. 3d 167, 2015 La. LEXIS 497, 2015 WL 1133362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ditcharo-v-state-ex-rel-department-of-transportation-development-la-2015.