On today’s episode Jake discusses the recently published NC Court of Appeals opinion of State v. Forney, COA23-338. This case analyses the importance of a proper “observation period” in a breath testing case.

 

Highlights:

·       Discover why the Court ruled that chewing gum during and immediately prior to breath testing should have resulted in suppression of the breath test.

·       Listen to Jake discuss the statutory interpretation utilized by the Court to reach its decision.