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kot Admitted; CmM Affect Lawvnun viiRETIRES IEASTON, Md. tAP-A ruling; in Talbot County Circuit Court last week could have a far-reaching , effect oh Maryland’* enforcement of its law against drunken driving.The case of John W. Stewart of Linthicum Heights. Anne Arundel County, came before the court * on appeal from magistrate s court. 1 Judge J. DeWeese Carter, reversing the lower court Thursday, | ruled that evidence concerning a 'Breathalyzer” test was rot ad-misuhleState Police Cpl. Donald E. Weir of Easton, a certified Breathalyzer operator, testified about the teat he gave Stewart to determine if he was under the influence of alcohol.Judge Carter said he had no quarrel with the use of the machine a* one way of determining the condition of a person suspected of driving while intoxicated But he said this evidence alone was not admissible without accompanying interpretive testimony from a toxicologist.Under a law which took effect June I, 1959, .15 per cent alcohol in the blood is considered ‘ prime facie evidence that the driver was operating his vehicle under the influence of alcohol.*' Testimonyin the Talbert County case held the Breathalyzer showed .18 percent.Judge Carter pointed out, however, that the state had produced no evidence to substantiate its claim that the percentage of alcohol in the 524 cubic centimeters of breath measured by the breathalyzer would have been the same had 2,000 cubic centimeters been measured The law requires that the alcohol percentage be computed by testing j.000 cubic centimeters of a subject s breath.He explained his ruling after the trial in a conference with State*! Ally Henry P Turner and State Police Capt P. J. Randall.Capt, Randall said Friday that State Police ran the Breathlywr test at the request of the Easton Police Department, which made the arrest He said the same type of machine is used statewide by all Maryland State Police. The Breathalyzer was selected after passage of the 1958 law.“Our deportment did research on the types available,” Capt. Randall said “The law says blood, urine or breath (may be tested'. We decided to use the breath method Considerable research was done before a selection w as made '*HALF CEITkMMM E. iThomas E. Stef fey rector and executiv dent of The ThurmcJACOBYbreak any way but 4-0 ha would have a cinch. He also saw that he had a perfect safety play against all four trumps being in the West
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Frederick Post
Frederick, Maryland, US
Mon, Jan 08, 1962
Page 12
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USA 12 Oct 2024
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