Ordered that judgment is reversed, on the law, and a new trial is ordered.
The defendant was charged with operating a motor vehicle while under the influence of alcohol. The results of a breathalyzer test revealed a blood alcohol level of .20 of 1 per cent. At trial the court charged that, "if you find, beyond a reasonable doubt, that the analysis was made by an individual, possessing a permit, issued by the Department of Health, that is presumptive evidence that...
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