"[N]owhere in the record is there [a] duly certified and authenticated copy of the methods or regulations duly adopted by the Alabama State Board of Health for the operation . . . of the photoelectric intoximeter. Patton v. City of Decatur, 1976, Ala., 337 So.2d 321, makes this an absolute requirement as part of the predicate to be laid. . . ."
How later courts described this case
- "[N]owhere in the record is there [a] duly certified and authenticated copy of the methods or regulations duly adopted by the Alabama State Board of Health for the operation . . . of the photoelectric intoximeter. Patton v. City of Decatur, 1976, Ala., 337 So.2d 321, makes this an absolute requirement as part of the predicate to be laid. . . ."
- in a vehicular homicide case, the court rejected the defendant’s argument that the erroneous admission of breathalyzer test results was reversible error
- "The state . . . introduced a duly certified and authenticated copy of the methods and regulations adopted and approved by the State Board of Health governing the performance of the test."
- court's original opinion withdrawn and substituted on rehearing
Written by the judges who cited it.
The opinion
The petition for writ of certiorari is denied because the admission of the ordinance is not a prerequisite to admission of the results of the PEI test. In denying this writ, we point out that we do not necessarily agree with the Court of Criminal Appeals' holding on "harmless error." Nor, do we agree that in Patton v. City of Decatur , 337 So.2d 321 (Ala. 1976) there was no other evidence of intoxication.
WRIT DENIED.
TORBERT, C.J., and FAULKNER, ALMON and EMBRY, JJ., concur.