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HANSON v. MILLER

No. 30117.

567 S.E.2d 687 (2002)

211 W.Va. 677

Luther W. HANSON, Petitioner Below, Appellant v. Joe MILLER, Commissioner of the West Virginia Division of Motor Vehicles, Respondent Below, Appellee and State of West Virginia, Plaintiff Below, Appellee v. Emery Leon Massey, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 3, 2002.

Attorney(s) appearing for the Case

John D. Wooton, Esq., Wooton Law Firm, Beckley, for Appellants.

Darrell V. McGraw, Jr., Attorney General, Janet E. James, Assistant Attorney General, Charleston, for Appellees.

PER CURIAM.

In the instant case, the Circuit Court of Raleigh County ruled that evidence of the results of a breathalyzer machine1 analysis of a motor vehicle driver's blood alcohol level that was based on a "one-sample" protocol met the evidentiary threshold of scientific reliability; and that the machine's results were therefore admissible into evidence. We uphold this ruling.

I.

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