More tongue
Marcia Oddi takes note of a report of a Nebraska court’s rejection of the argument that an officer’s failure to have an OWI suspect remove his tongue stud invalidated the breath test. The attorney for the defendant cited the Indiana Court of Appeals decision doing just that. Marcia notes:
Perhaps the Indiana decision should have been “Shepardized.” The case referenced is Brenna Guy v. State of Indiana (4/2/04 IndCtApp), where the Court of Appeals held: “[A] breath test given to a woman wearing a stainless steel stud in her pierced tongue is inadmissible in court because the stud is a “foreign” object.”
However, the Indiana Supreme Court vacated the Court of Appeals decision, granted a petition to transfer and, in Brenna Guy v. State of Indiana (3/2/05 IndSCt)
Sort of a strange thing to say, but here is my prior tongue stud coverage.
