Supreme Court of California

In an appeal from a driving under the influence conviction, absence of substantial compliance with applicable regulations in a preliminary alcohol screening (PAS) test does not justify blanket exclusion of PAS results, but goes merely to the weight of the evidence where other foundational elements are present.

Appellate Information

• Decided 07/15/2002
• Published 07/15/2002

Judges

• BROWN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Linda J. Zachritz, under appointment by the Supreme Court, Fresno, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Assistant Attorney General, John A. O'Sullivan, J. Robert Jibson and Charles A. French, Deputy Attorneys General, for Plaintiff and Respondent., Rockard J. Delgadillo, City Attorney (Los Angeles), Debbie Lew, Assistant City Attorney, and Sunnie Lee Daniels, Deputy City Attorney, for Office of the Los Angeles City Attorney as Amicus Curiae on behalf of Plaintiff and Respondent.