How does NY State law compare?
New York has an administrative statute similar to 260 IAC 1.1-4-8(1). 10 NYCRR 59.5 (b) states: Continuous observation of the subject shall be maintained for at least 15 minutes prior to the collection of the breath sample during which period the subject must not have must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, or smoked or be allowed to place anything in his/her mouth; if the subject should regurgitate, vomit, smoke or place anything in his/her mouth, an additional 15 minute waiting period shall be required. The New York State and Indiana laws are very similar. With regards to the specific language at issue in Guy v. Indiana, supra, there is some minor variation. The New York State law does not contain the term “foreign substance,” rather it uses the general term “anything.” Also, Indiana law uses the term “put” while New York State law uses the term “place.” Foreign Substance / Anything In the Indiana case, the defendant argued that the m
