O'BRIEN, J., October 28, 1994.
I. FINDINGS OF FACT
(1) On April 9, 1994, a Pennsylvania state police officer, utilizing an Intoxilyzer/5000 machine at a Pennsylvania state police barracks noted that two samples given by a DUI suspect on the machine had a difference greater than .02 percent. Following that event, the officer placed the machine out of service and requested maintenance of the machine be performed by an appropriate party.
(2)...
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