State v. Massey
In State v. Massey, 169 Vt. 180, 730 A.2d 623 (1999), the defendant claimed that the district court should have suppressed his breath test because the officer had failed to follow the procedures for administering breath tests set forth in the Vermont Criminal Justice Training Council manual.
Once again, the Court cited our holding in State v. Rolfe that the foundation for admissibility focuses on the performance of the instrument, and that while the defendant may challenge the validity of the test, the factfinder must decide its weight, once admitted. Id. at 186-87, 730 A.2d at 628.
The Court specifically rejected the defendant's reliance on the Council's training manual in support of his motion to suppress the test, stating as follows:
"The step-by-step procedures in the Council student training manual that are outlined on the DUI processing form do not affect the foundational requirements for admissibility. Defendant concedes that the officer was certified to administer the test. Defendant presented evidence that questioned the procedures, but did not introduce any evidence refuting the reliability of the instrument itself. Without evidence attacking the DataMaster's reliability, defendant's arguments go only to the weight that the jury could give to the test results and not to admissibility." (Id. at 187, 730 A.2d at 628.)