Ithaca DWI lawyer:
Is the CHEMICAL (Breath) Test Result
AUTOMATICALLY seen by Jury
in New York?
In this video, Attorney Mike Cyr explains whether a Chemical Test (breath) AUTOMATICALLY seen by a Jury in New York...
Short answer: NO. Not automatically.
The Prosecutor has to prove three primary things in it's case-in-chief to be able to enter the Chemical Test Results into evidence (which means they will be seen by a Jury):
1. Properly maintained and calibrated machine
2. Chemicals in machine were proper
3. Officer who administered test followed proper procedures and protocols.
If they meet these requirements, then the Breath Chemical Test will be shown to the Jury.
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BY NEWMAN & CYR
DISCLAIMER: If you or a loved one is charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of your case -- including the potential loss of your freedom.
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*Educational purposes only. Copyright Newman & Cyr PLLC 2016.
