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Indiana Supreme Court: Incorrect Time Stamp Does Not Invalidate Breath Test
Posted in Litigation

In State v. Cioch, the Indiana Supreme Court held that the fact that a breath test machine had not been adjusted to reflect Daylight Savings time did not bear on the reliability of the test results and was not a proper basis for excluding evidence from the test. 

The Indiana Supreme Court noted that the officer who administered the test followed the police department’s approved procedures.  The officer’s additional action of noting the Daylight Savings difference raised only a “de minimus concern about the accuracy of the test results.”  Holding that the evidence was admissible, a unanimous court relied on two Missouri cases that both explained that a breath test machine will still function properly even if the date or time is incorrect.

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