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STATE v. MARTINEZ

No. 30,122.

160 P.3d 894 (2007)

2007-NMSC-025

STATE of New Mexico, Plaintiff-Petitioner, v. David S. MARTINEZ, Defendant-Respondent.

Supreme Court of New Mexico.

May 18, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Josephine H. Ford, Assistant Appellate Defender, Albuquerque, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} Defendant David Martinez challenges his conviction of driving while intoxicated. First, Martinez claims that the metropolitan court judge abused her discretion by admitting a breath-alcohol-test (BAT) card containing the test results of a breathalyser into evidence. Martinez argues that the arresting officer's testimony that he saw a certification sticker on the breathalyser indicating that the machine's certification...

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