Muratore v. Oklahoma ex rel. Dept. of Public Safety

Plaintiff-Appellee Mark Muratore was arrested for driving under the influence. He submitted to a breathalyzer test, administered using the Intoxilyzer 8000. As a result of the test, the Department of Public Safety revoked plaintiff's driver's license for one year, and he appealed the revocation to the District Court of Oklahoma County on issues of the admissibility of the breathalyzer test. The trial court vacated the revocation of plaintiff's driver's license, finding that the Board of Tests had no rules in place governing maintenance procedures for the Intoxilyzer 8000 and that the manufacturer's certificate of calibration for this particular Intoxliyzer 8000 and the supplier's certificate of analysis for the gas canister used as a reference method for the Intoxilyzer 8000 were inadmissible hearsay. The Court of Civil Appeals reversed. After its review, the Supreme Court concluded the trial court did not abuse its discretion in refusing to admit the manufacturer's certificate of calibration and the supplier's certificate of analysis. Furthermore, the Court found that the Department of Public Safety did not meet its threshold burden of proving all the facts necessary to sustain the revocation of plaintiff's license, and the record supported the trial court's decision to vacate the revocation of plaintiff's license. View "Muratore v. Oklahoma ex rel. Dept. of Public Safety" on Justia Law