Breath testing in the state of Oklahoma has just gotten more complicated... for the State, that is. The Supreme Court of Oklahoma recently released an opinion which holds: 1) the Intoxilzyer's are not properly maintained, since there is NO maintenance procedure, 2) and inaccuracies on the Affidavit (from the Intoxilyzer) in the particular case, was more than enough to show the Intoxilyzer wasn't functioning properly. But, the Court also agreed the "certificates" that purport to show an Intoxilyzer is calibrated by the manufacturer and that the gas canister has a known ratio of nitrogen and ethanol are HEARSAY and cannot be admitted. Both certificates come from non-party corporation, not a government entity.
I'm also proud to say I was on the trial team (this and another on the same main issue) and researched and drafted a substantial portion of the appellate brief.
The effect: all breath tests currently in the "pipeline" and those going forward, having these same errors, are invalid.
This is a great victory. After all, shouldn't the breath test be accurate???
Below is a link to the opinion.http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=472619