State v. Rourke
Annotate this CaseAfter a jury trial, Defendant was convicted of operating under the influence with one prior conviction. Defendant appealed, arguing that the trial court abused its discretion by excluding testimony that certain chemicals could have resulted in a falsely elevated breath-alcohol test if they were present in Defendant’s system when he took the breath test. The Supreme Court affirmed, holding that, under the particular factual circumstances of this case, the trial court did not abuse its discretion by excluding the testimony about the effect of those chemicals on breath-testing equipment and test results produced by that equipment because there was not a sufficient factual foundation to link the testimony with the facts of this case.
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