State v. Jenkins
Annotate this CaseAfter a police officer arrested Jason Jenkins for driving a motorcycle under the influence of alcohol, Jenkins agreed to a breath test. Jenkins was subsequently convicted of driving under the influence (DUI). On appeal, Jenkins contended that the district court erred by admitting field certification documents as part of the foundation for the admission of the results of his breath test, alleging that they were hearsay because the officer who submitted the documents was not the author or custodian of the documents. The Supreme Court affirmed, holding that the district court did not abuse its discretion in admitting the results of the breath test because case law has established that when a district court is determining whether there is adequate foundation for admission of breath test results in a DUI prosecution, Mont. R. Evid. 104(4)(a) authorizes the court to do so without regard to whether the certification forms are hearsay.
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