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State v. Snell11/23/2004
ceding in 36 that the trial court heard expert testimony and that an "extensive discussion of past technology" was held at the evidentiary hearing, the majority in this case proceeds to say, "[h]owever, the court held the evidentiary hearing in 2001, prior to our 2003 Weldele decision." The majority's analysis in this case is practically a verbatim quotation from Weldele , contains minimal additional analysis, and contains no guidance for the State on what further evidence is necessary to convince the Court. The ruling here makes the assurance in Weldele that the evidence could be admitted empty indeed.
The defendant's own expert acknowledged that he is unaware of any additional peer review article in any scientific journal that would tend to either support or debunk the evidence submitted in this case. The quantity and quality of the scientific evidence submitted in this case provided evidence of the reliability of the Alco-Sensor III. The District Court correctly found that the PAST evidence was admissible, and that all challenges based on variables such as temperature, humidity, operator skill, air quality, etc., go to the weight of the evidence. There was no abuse of discretion in admitting the results of the PAST.
I would affirm the judgment.
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