In People v. Coutard, (115 Misc 2d 630 [Nassau Dist Ct 1982]), the court considered the facial sufficiency of three accusatory instruments in a consolidated prosecution of Driving While Intoxicated cases. Each defendant submitted to a chemical breath test, and qualified for prima facie evidence of non-intoxication pursuant to VTL 1195 (2). Instead of evaluating whether factual allegations in the supporting depositions, by themselves, established intoxication, the court attempted to rebut the VTL 1195 (2) presumptions of non-intoxication with said supporting depositions. "It would appear to this court that before a proper charge for the misdemeanor crime of Driving While Intoxicated can be sufficiently laid in face of a blood alcohol content of less than .1%, a police officer must be able to provide something more than the usual supporting depositions" (Coutard at 645).