April 03, 2004

Indiana Decisions - More on Tongue Stud/Breathalyzer Ruling

As reported here yesterday (scroll down three entries), the Court of Appeals ruled yesterday (4/2/04) that:

[A] breath test given to a woman wearing a stainless steel stud in her pierced tongue is inadmissible in court because the stud is a "foreign" object. * * * Law enforcement officials said they might have to revisit the way they conduct breath tests. Currently, most law enforcement agencies do not require officers to make suspected drunken drivers remove tongue studs before administering breath tests.
The above quote is from this story in this morning's Indianapolis Star. I have not seen the case myself, as it has not been posted online. In fact, no Indiana Supreme or Appellate Court decisions have been posted online yet this month. The latest decisions currently available are from last Wednesday.

Posted by Marcia Oddi at April 3, 2004 07:49 AM