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CRAMER v. STATE, DEPT. OF MOTOR VEHICLES

Nos. 53248, 53380.

240 P.3d 8 (2010)

Joshua CRAMER, Appellant, v. The STATE of Nevada, DEPARTMENT OF MOTOR VEHICLES, Respondent. The State of Nevada, Department of Motor Vehicles, Appellant, v. Claudette Joseph, Respondent.

Supreme Court of Nevada.

October 7, 2010.

Attorney(s) appearing for the Case

Law Offices of John G. Watkins and John Glenn Watkins , Las Vegas, for Joshua Cramer and Claudette Joseph.

Catherine Cortez Masto , Attorney General, and Carolyn L. Waters , Senior Deputy Attorney General, Carson City, for the State of Nevada, Department of Motor Vehicles.

Before HARDESTY, DOUGLAS and PICKERING, JJ.

OPINION

By the Court, HARDESTY, J.:

In 1995, the Legislature enacted NRS 50.320, which permits the use of an affidavit to prove a person's blood-alcohol content in certain proceedings, including driver's license revocation hearings, by a person who has been previously qualified to testify as an expert witness by a district court.

In Cramer v. State, Department of Motor Vehicles, Docket No. 53248, we conclude that NRS 50.320 limits the...

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