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

Supreme Court of Louisiana·Decided March 13, 2015·No. No. 2014-CC-2671·Published

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.

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

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164 So. 3d 167 (Ditcharo v. State ex rel. Department of Transportation & Development) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.