Client was stopped for weaving at 1:00 a.m. The officer noted strong odor of alcohol beverage on the driver’s breath, bloodshot and watery eyes and the client had admitted to having “a beer or two.” The client did perform roadside sobriety maneuvers and failed them. He eventually chose a breath test which yielded a .145 test result. This was a difficult case, but fortunately, when I checked the breath test machine instrument certification documents, I discovered that the certification for this test was subject to attack. I am very familiar with the Gilpin County case of Friedlander that recently called into question the “foundational requirements” for admission of the breath test results. There, the documents had a ‘signature’ on the certification document of a person who is no longer employed by the Colorado Department of Public Health and Environment. This case had the same flaw. I challenged the admissibility of the test result with the District Attorney and we eventually worked out a plea bargain where the client’s case would be dismissed after one year if he completed certain terms and conditions.
on July 6, 2017