State v. Britt
Annotate this CaseTyler Britt was convicted in the county court of first-offense driving under the influence with a concentration of more than .15 of one gram alcohol per 210 liters of breath. The district court affirmed the conviction. The court of appeals affirmed, concluding, inter alia, that the admission of a certificate containing a chemical analysis certification of the alcohol breath simulator solution used to test the machine that was used to test Britt's breath did not violate the confrontation clause. The Supreme Court affirmed, holding that the court of appeals did not err when it concluded that the certificate was not testimonial, and therefore not subject to confrontation analysis; and (2) the court did not abuse its discretion when it did not note plain error with regard to Britt's hearsay objections.
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