ALBANY – The inspection and calibration of the breathalyzers used to determine if drivers are drunk are nontestimonial, and defendants do not have a constitutional right to cross-examine the technicians who service them, the Court of Appeals ruled yesterday.
The 4-1 court rejected the contention of a Yates County driver that his constitutional right to confront witnesses against him, as spelled out by the U.S. Supreme Court in Crawford v. Washington, 541 US 36 (2004), was violated when a County Court judge refused to produce at trial the experts who maintain the devices.
