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Pending SCOTUS case could moot Sunset proposal to admit DWI breath test results without cross examination

Poking around the Sunset recommendations for the Texas Department of Public Safety, I was a little surprised to see this proposal for "streamlining" hearings for administrative license revocations after DWI:Require affidavits of breath test operators or breath test supervisors to be admissible without the witness' appearance unless the judge finds that justice requires their presence.According to the Sunset report, "DPS issued 100,472 notices of suspension to drivers in fiscal year 2007. Defendants requested hearings in 26,492, or 26 percent of the cases." When defendants requested hearings, 18% were dismissed because police or breath test supervisors did not show up at the hearing, and in another 8% DPS failed to meet its burden of proof as judged by the hearing examiner...continue to full post

Full post as published by Grits for Breakfast on July 11, 2008 (boomark / email).