State v. Sliger (103563-2) - Supreme Court Oral Argument Announcement

*The Mouth Check Case from Div-III*

For the first time in a long time, one of our Breath Test prima facie foundation cases is up before the state supreme court and this *hopefully* clarifies what a compliant mouth check looks like.  If you've attended one of my case law updates over the past year, you've heard me lecture on this case from Division-III.  What happens when your officer conducts a mouth check with BOTH the verbal and visual methods and gets conflicting information?  What happens when the breath test is administered even though the suspect has "strands of tobacco" lodged in his teeth?  We all know that studies show that this won't affect the test and our BrAC Tech, Trooper John Axtman, testified that it "wouldn't give him any heartache" - Division-III agreed with us but the defendant persists.

This one is worth a watch and hopefully it'll give us some jurisprudence to point to on this issue.  My slide on the Div-III opinion is below.

Cheers!

Brad & Michelle