California, United States of America
The following excerpt is from Coombs v. Pierce, 1 Cal.App.4th 568, 2 Cal.Rptr.2d 249 (Cal. App. 1991):
The heart of appellant's argument is that respondent failed to meet the foundational requirements to support the necessary scientific evidence. He cites People v. Adams (1976) 59 Cal.App.3d 559, 131 Cal.Rptr. 190 for the proposition that the breath test results are not established unless the measuring instrument used was licensed by the state or, alternatively, the traditional foundational prerequisites are shown.
These foundational prerequisites for admissibility of breath test results are: (1) the particular apparatus was in proper working order, (2) the test used was properly administered, and (3) the operator was competent and qualified. (People v. Adams, supra, 59 Cal.App.3d 559, 561, 131 Cal.Rptr. 190.)
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