(Download) "Bennie Lloyd Harrell v. State Texas" by En Banc Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Bennie Lloyd Harrell v. State Texas
- Author : En Banc Court of Criminal Appeals of Texas
- Release Date : January 17, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The San Antonio Court of Appeals reversed appellants conviction for driving while intoxicated, holding that the test results and interpretation thereof from appellants breath test should not have been admitted at trial. The Court held that the State failed to show a part of the intoxilyzer equipment was individually certified as required by the Breath Alcohol Testing Regulations (hereinafter "regulations") promulgated by the Texas Department of Public Safety. See V.A.C.S. Article 6701l-5 and Tex. Dept. of Public Safety, 37 Tex. Admin. Code § 19.1-19.6 (Shepards 1982). Harrell v. State, 693 S.W.2d 693 (Tex.App. - San Antonio 1985). The State contends that the Court of Appeals has interpreted the regulations incorrectly and that the evidence shows compliance with the regulations. The State also contends that appellant did not preserve the issue for review. We granted the States petition for review to consider both issues.