New York Court of Appeals
The People of the State of New York v. Edward Mertz
July 3, 198668 N.Y.2d 136
Summary
The New York Court of Appeals reversed the Appellate Term and ordered a new trial because the trial court erred by refusing to allow the defendant to argue that his blood alcohol content at the time of driving was below .10%, by admitting breathalyzer logs without proper foundation, and by giving a charge that shifted the burden of proof to the defendant. Chief Judge Wachtler concurred in the result but argued that the statute should be redrafted to preserve its absolute‑liability character.