dui
What are the requirements of the machine and the police officer that takes the breath test?
I had my PD ask for certificates but the court extended my court date because the PA and the police officer didn't have their certificates with them.
2 Answers from Attorneys
Re: dui
By statute [Ark. Code Ann. 5-65-206(d)(2)], the State has to present certificates that indiciate: (1) that the breath machine had been calibrated (certified) at least 1 time in the last 3 months preceding arrest and (2) that the operator of the instrument was properly trained and certified to operate the machine.
These certificates are required in order for the State to get the breath results into evidence.
Disclaimer: The above is not legal advice. That can come only from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.
Re: dui
Also note, the certificates under Ark. Code Ann. 5-65-206(d)(1)(a), must be in the form of an original signature or by certification of a copy (e.g. a faxed copy or a regular photocopy will not suffice according to the statute).
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