(dissenting). While I agree with most of the facts and conclusions set forth in the majority opinion, I dissent for the reason that this was a nonjury trial and I gave a great deal of credence to the statement of the trial court that his findings were based primarily on the testimony of the officers who were at the scene.
Had this been a jury trial, I would have to agree with my colleagues that the introduction of the Breathalyzer test was reversible error.
When the learned trial court stated his primary basis for convicting the defendant I relied on that statement and for that reason I would vote to affirm the conviction.