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VT Superior Court allows continued use of alcohol breath testing
March 26, 2012
Vermont: Presiding Judge Robert Bent agreed with a similar ruling on Datamaster DMT alcohol breath testing machines; the state did not err in its certification. Attorney David Sleigh again challenged the use of the machines to test drivers under the influence, contending that the Vermont Health Department did not properly test the new version before putting them into practice.[1]
Judge Bent's ruling echoed an earlier one from Judge Howard VanBenthuysen, which stated that the Datamaster DMT used the same infrared spectrophotometry as the Datamaster BAC. Still, Sleigh disagrees with the use of the machine against eighteen criminal defendants. Unless he decides to appeal to the Vermont Supreme Court, the courts have decided that the state's continued use of the machines is legal.[1]
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