Breath test not hearsay affected by Crawford

In Luginbyhl v. Com., the Virginia Court of Appeals in an opinion by Judge Annunziata joined by Judge Haley held that a certificate of blood alcohol content from a breath test machine was not hearsay for purposes of the Confrontation Clause.

Interestingly, Judge Benton dissented, on the view that the breath test operator's attestation was hearsay testimony.