Supreme Court of Florida

Portions of a breath test affidavit containing the operator's procedures and observations in administering the breath test were testimonial and their admission at defendant's criminal DUI trial without a prior opportunity to cross-examine the operator violated his right of confrontation under Crawford.

Appellate Information

• Decided 05/01/2008
• Published 05/01/2008

Judges

• QUINCE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Celia Terenzio, Assistant Attorney General, Bureau Chief, and James J. Carney and Richard Valuntas, Assistant Attorneys General, West Palm Beach, FL, for Petitioner.


• For Appellees:
  
• Richard W. Springer and Catherine Mazzullo of Richard W. Springer, P.A., Palm Springs, FL, for Respondent.