42-4-1303. Records - prima facie proof.

Statute text

Official records of the department of public health and environment relating to certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the state, and copies thereof, attested by the executive director of the department of public health and environment or the director's deputy and accompanied by a certificate bearing the official seal for said department that the executive director or the director's deputy has custody of said records, shall be admissible in all courts of record and shall constitute prima facie proof of the information contained therein. The department seal required under this section may also consist of a rubber stamp producing a facsimile of the seal stamped upon the document.

History

Source: L. 94: Entire section amended, p. 2816, 595, effective July 1; entire title amended with relocations, p. 2390, 1, effective January 1, 1995.

Annotations

Editor's note: (1) This section is similar to former 42-4-1202.2 as it existed prior to 1994, and the former 42-4-1303 was relocated to 42-4-1503.

(2) Amendments to this section by House Bill 94-1029 were harmonized with Senate Bill 94-001.

Annotations

Cross references: For provision that the operation of vehicles and the movement of pedestrians pursuant to this section apply upon streets and highways and elsewhere throughout the state, see 42-4-103 (2)(b).

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Review of New Legislation Relating to Criminal Law", see 11 Colo. Law. 2148 (1982).

Results of breathalyzer test were admissible in DUI proceeding where prima facie showing was made that testing device was in proper working order and was properly operated by qualified person and that test was administered in substantial compliance with department of health regulations. Thomas v. People, 895 P.2d 1040 (Colo. 1995) (decided under former 42-4-1202.2 as it existed prior to the 1994 recodification of title 42).

Failure to provide certification documents as to breath test instruments went to weight of breath test results and not to their admissibility. Thomas v. People, 895 P.2d 1040 (Colo. 1995) (decided under former 42-4-1202.2 as it existed prior to the 1994 recodification of title 42).