Our Scientific Director (Breath Testing) received an urgent phone call from an ADA who needs an updated jury charge for a breath test case. Apparently his judge is using an old jury charge from the days when the old Intoxilyzer 4011 was used. Not only does the jury charge use the wrong desccription of what is required for the simulator (which is not to be detached and runs independently of the operator), but also uses the language from the old regulations about the observation period. the judge is willing to use a more current jury charge if the ADA can provide one. Do any of you DWI gurus out there have a good jury charge that you can e-mail me (janette.ansolabehere@txdps.state.tx.us)? If so, please do so ASAP. THanks. (I think the ADA is in trial as we "speak.")

Janette Ansolabehere
DPS