State v. Sensing

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the testing officer must be able to testify ... that the motorist was observed for the requisite 20 minutes prior to the test ...”
• holding that \the testing officer must be able to testify ... that the motorist was observed for the requisite 20 minutes prior to the test ...\
• cautioning that due process clause of the Fourteenth Amendment “protects an accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged”
• admonishing trial judges not to use the word “presumption” in instructing the jury as to the provisions of Code section 55-10-408
• The breath testing device requires that the motorist be observed for 20 minutes prior to taking the test.
• state must establish “the competency of the operator, the proper operation of the machine and that the testing procedures [were] properly followed”

Source: CourtListener parenthetical corpus (CC0).