if Minnesota police do need to have a current/active license to operate a breathalyzer, how does one get proof of this? thanks
If an officer is not certified and still gives the test, the accuracy of the results can come into question. You can find out if he/she is certified by sending a letter to the prosecutor requesting proof of this certification. However, even if the officer was not certified it will be very challenging to maneuver the court process without a lawyer. I highly suggest you talk to a lawyer who can help you through this process.
Talk to your attorney about this and they will get that information during discovery.
This is not intended as legal advice. No attorney / client relationship exists because of this response.
The question you ask is actually quite a technical defense issue, and you ask it as if you plan to go forward without an attorney. It would be quite rare for a non-attorney to be able to win a case with such a technical defense. Consult local counsel, directly and during business hours, and try not to post any details of your case on-line. Sorry to answer your on-line question by saying, "stay off-line" but that is the nature of the beast.
This forum offers a "quick answer" to a "quick question" but it is not always the best way to consult counsel. The practice of law usually works best (best results) when the lawyer is able to consult with the client, in private, and make a full assessment of all the facts of the case.
'No' as to your general question. Typically one's criminal defense attorney may make the request via formal or informal Discovery for the prosecution to provide such information. Assuming you yourself are facing such an issue, I urge you to confer privately with an experienced and reputable criminal defense attorney so she may assist and advise you in great detail in light of the full facts of your personal legal issues and concerns. Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
I agree with all prior posts. The breathalyzer must be in properly working order to be used as evidence in a court of law against you. Your attorney should be able to get this info through the evidence gathering process call "discovery."
Peace officers in Minnesota do receive a "certification" to operate the Datamaster breath testing instrument. But, lack of proper certification doesn't necessarily mean that the test results become inadmissible. Your first step should be to retain and experienced DWI attorney. Your attorney will handle this type of stuff for you.
Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.
I would suggest you arrange a consultation with a DWI lawyer to review your Datamaster test results and the particular issues with which you are referring.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights
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