When the annual State certification of a breathalyzer is offered into evidence and the author of the report is not present as a witness, the prosecution must have complied with M. R. Evid. 803(6) as part of the foundation for admitting the alcohol concentration breath test results into evidence.
M. R. Evid. 803(6) provides that written reports of the “state crime laboratory” are an exception to the rule excluding hearsay evidence, but only
when the state has notified the court and opposing parties in writing of its intention to offer such report or reports in evidence at trial in sufficient time for the party not offering the report or reports (1) to obtain the depositions before trial of the person or persons responsible for compiling such reports, or (2) to subpoena the attendance of said persons at trial.
The notice requirement of the Rule is self-executing and does not depend on motion, demand, or objection of the defendant.
