California Court of Appeal

In overturning suspension of driving privileges, the trial court based its ruling on an incorrect interpretation of the regulation setting forth the requirement of continuous observation prior to a breath test, and erred in concluding that plaintiff rebutted the presumption the arresting officer properly performed the test.

Appellate Information

• Decided 01/31/2003
• Published 01/31/2003

Judges

• O'ROURKE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Bill Lockyer, Attorney General, Dennis W. Dawson and Kathryn M. Megli, Deputy Attorneys General, for Defendant and Appellant., John T. Burke for Plaintiff and Respondent.