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Court: daylight saving time not an issue

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A trial judge shouldn't have suppressed a drunk-driving breath test on grounds that a time change interfered with the prosecution, the Indiana Supreme Court ruled today on an issue of first impression.

Deciding on State of Indiana v. Jason Cioch, No. 79S05-0902-CR-00092, justices unanimously found that Tippecanoe Superior Judge Michael Morrissey erred when he suppressed the prosecution's evidence on a traffic infraction and two drunk-driving misdemeanors from the late 2007 incident.

On Nov. 10, 2007, Purdue University Police Department officers stopped Cioch for traveling in the wrong direction on a one-way street and suspected he was driving while intoxicated. Another certified officer used a B.A.C. Datamaster to administer the test, but he noticed the device hadn't been adjusted to reflect the daylight saving time change the previous Sunday. He contacted several other law enforcement agencies but couldn't find a breath test instrument with the correct time. As he couldn't change the time himself, the officer administered the test and one of the other officers noted the time difference in his incident report - both were within three hours of the officers stopping Cioch.

The tests showed his alcohol level was 0.08, but Cioch moved to suppress the results because of the DST difference. The trial judge granted the motion because of the inaccurate time stamp on the breath test printout, finding that prosecutors failed to meet their burden of establishing an adequate foundation for admitting the evidence. The Court of Appeals affirmed in a not-for-publication memorandum opinion in December.

Noting that Indiana courts haven't yet discussed the accuracy of the time stamp relating to test-result reliability, justices turned to caselaw from the Missouri Court of Appeals that held an inaccurate time stamp isn't evidence of a malfunction or faulty finding.

The Cioch case presents nothing to show that the certified breath test administrator did anything wrong or endangered the test reliability, Indiana's justices noted, adding that Cioch's best authority for his position comes from State v. Johanson, 695 N.E.2d 965 (Ind. Ct. App. 1998), where the appellate court affirmed a trial judge's suppression of test results where the machine printed out a blank ticket and the operator wrote all the test information by hand from what he saw on the screen.

"Without reflecting on whether that was adequate ground for suppression, we think the officer's action in this instance, noting a Daylight Savings difference, raises only a de minimus concern about the accuracy of the test results," Chief Justice Randall Shepard wrote. "We hold that the evidence is admissible."

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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