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eBook details

• Title: Scherl V. State
• Author : Texas Court of Appeals
• Release Date : January 21, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Mark Scherl was charged with driving while intoxicated. A jury convicted him, and the trial court assessed punishment at 180 days' confinement in the county jail, twenty-four months of community supervision, and a fine of $750.00. Scherl appeals, contending that the trial court violated Texas Rule of Evidence 702 by: (1) admitting into evidence his intoxilyzer test results without any proof that the scientific theory underlying the Intoxilyzer 5000 is reliable, and (2) failing to conduct a hearing, outside the presence of the jury, to determine the admissibility of the intoxilyzer test results.

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