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State v. Anthony.5/28/1998
d from introducing the test results into evidence. The trial Judge's ruling led this Court to grant certiorari and declare that this issue was capable of evading review. However, during oral arguments it was learned that in subsequent cases concerning this very same issue the same trial Judge reconsidered his prior ruling and has now decided to admit a driver's breathalyzer test results into evidence despite the fact that the driver has not been informed that a previous out-of-state conviction for driving under the influence of alcohol may be used to enhance punishment. Since these test results are now being admitted into evidence without prior admonishment, this issue would have inevitably been brought to this Court's attention through its proper course and in its proper time. In those circumstances, unlike the circumstances presented by this case, both parties would have had a vested interest in briefing this issue fully and the Court would have had the benefit of hearing oral arguments from two adverse parties. The Court's decision to review a non-justiciable issue that is not capable of evading review has had the unfortunate effect of prohibiting this issue from being thoroughly explored. Consequently I Dissent.
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