CRIMINAL LAW
Court of Appeals of Alaska (2025)
Suleyman Amjad
In Ballard v. State, 576 P.3d 686 (Alaska Ct. App. 2025), the Court of Appeals of Alaska held that signed and notarized calibration reports of a breathalyzer are admissible under the public records exception to hearsay and are self-authenticating documents. (Id. at 690–91). Ballard was pulled over on suspicion of driving under the influence. (Id. at 688). He was breathalyzed and registered a Blood Alcohol Content over the legal limit. (Id.). At trial, the state admitted records of the breathalyzer’s calibration reports through the business records exception to hearsay. (Id.). Ballard appealed. (Id. at 689). On appeal, Ballard claimed that the District Court erred in allowing in the calibration reports, claiming they are hearsay and not subject to the business records exception. (Id.). The Court of Appeals affirmed the lower court’s ruling on different grounds. (Id.). The court reasoned that because breathalyzer calibration reports are a regularly conducted activity by a public agency, they are admissible under the public records exception to hearsay. (Id. at 690). The court further reasoned that if a copy of a public record, such as a breathalyzer calibration report, is authenticated by a custodian that the documents are considered self-authenticating. (Id. at 691). Affirming the lower court’s decision, the Court of Appeals held that signed and notarized calibration reports of a breathalyzer are admissible under the public records exception to hearsay and are self-authenticating documents. (Id. at 690–91).
