California Court of Appeal

The Title 17 requirement that a breath test subject not regurgitate, vomit, eat, smoke, or ingest alcohol or any other fluid for at least 15 minutes before the collection of a breath sample does not require the officer observing the subject, as opposed to the person who eventually administers the breath test, to be certified in the use of the breath test device.

Appellate Information

• Decided 12/10/2003
• Published 12/10/2003

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Bill Lockyer, Attorney General, Dennis W. Dawson and Patti W. Ranger, Deputy Attorneys General, for Defendant and Appellant., Law Offices of Barry T. Simons and Barry T. Simons for Plaintiff and Respondent.