Alcohol testing, due process, post-accident testing, evidence.

Ollie Temple appeals his conviction on charges of vehicular homicide while under the influence of alcohol. Authorities charged Temple with vehicular homicide following a collision. Temple told investigators he consumed alcohol prior to the incident. Investigators discovered empty beer cans and a nearly empty whiskey bottle in Temple's vehicle. Temple submitted to a breathalyzer test, but broke off the test before completing it. Authorities charged Temple with being under the influence but did not cite a specific blood alcohol count.

A trial court jury found Temple guilty as charged. During the trial, Temple objected to a court ruling which permitted the admission of evidence collected in Temple's incomplete breathalyzer test. Temple now appeals.

Temple loses. The Mississippi Supreme Court affirmed the lower court's decision to permit admission of Temple's breathalyzer test. The court ruled Temple contributed to the incomplete results by failing to follow instructions related to the test.