Missouri bill allows more breath-test evidence in DWI cases

3 years 3 weeks 1 day ago Wednesday, February 01 2017 Feb 1, 2017 Wednesday, February 01, 2017 12:48:49 PM CST February 01, 2017 in News
By: The Associated Press

JEFFERSON CITY (AP) — The Missouri House has passed a bill that could overturn a Missouri Supreme Court decision pertaining to breath-test evidence in drunken driving cases.

The bill allows courts to use breath-test evidence gathered from December 30, 2012, to April 4, 2014, in driving-while-intoxicated cases. The House passed the legislation Wednesday by a 127-37 vote. It now goes to the Senate.

The legislation effectively overturns a 2016 ruling throwing out breath tests from machines that weren't calibrated in compliance with the state law in effect at that time.

Proponents of the bill say the issue was due to a clerical error, and throwing out the evidence denied justice for victims of DWI cases.

Others say the Supreme Court has already decided on the case, and it's unconstitutional to retroactively change the law.

 

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