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State v. Colby7/8/1999
. It goes without saying that evidence of an intoxilizer machine breath test and testimony as to the test results given by a certified examining officer is the most convincing, probative and damaging evidence in a DUI case. Were this not so, the legislature would not have imposed the severe sanctions for refusing to take the test that it did. See §§ 61-8-402 and -404, MCA.
. Given our case law precedent and the obvious prejudicial effect of improperly admitting evidence of breath test results, I am not prepared to hold, as is the majority, that to the extent that the District Court may have abused its discretion in admitting this evidence, the error was harmless beyond a reasonable doubt.
. I Dissent.
JAMES C. NELSON
Page 1 2 3 4 Montana DUI Attorneys
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