Judge Richard Dunne
Brown was charged with operating a motor vehicle while intoxicated. A portable breath test was administered, and he was arrested for DWI. The court ruled prosecutors established the arresting trooper had a lawful reason to detain Brown at the roadside for investigatory questions as facts showed traffic violations were observed. Also, probable cause was found to exist for Brown's arrest based on the indicia of intoxication, supported by the trooper's observation. The court ruled the reading registered during the portable breath test was inadmissible even to establish probable cause for an arrest. Brown argued adequate calibration records needed to be presented to establish the reliability of the reading. Thus, if prosecutors chose to introduce the reading, they must also provide evidence it was reliable, or the arresting officer may only testify that the test was administered, and report the results of the test on a pass/fail basis. Hence, the court sustained Brown's objection regarding the test reading as there were no calibration records for the device. Yet, the trooper testified Brown failed the breath test, and such testimony was admitted as evidence of the presence of alcohol on Brown's breath, thus was relevant for the purpose of establishing probable cause to arrest.
