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People v. Bury

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eBook details

  • Title: People v. Bury
  • Author : Colorado Supreme Court
  • Release Date : January 16, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Brian Keith Bury appeals his conviction by a jury of felony driving under the influence of alcohol. (Veh. Code, ร‚§ 23152, subd. (a).) He contends his conviction must be reversed due to the improper admission of the results of a preliminary alcohol screening (PAS) test administered to him at the scene of his arrest. A PAS device is a breath testing instrument used to determine either the presence or concentration of alcohol in a persons blood. Such device may be used by police, but is not required, in order to make a preliminary determination of sobriety prior to arrest. ( ร‚§ 23157, subd. (h).) A PAS test is differentiated from mandated chemical testing of a suspects blood alcohol level (BAL) after a lawful arrest under the implied consent law. ( ร‚§ 23157, subd. (a)(1); 72 Ops.Cal.Atty.Gen. 226, 227, 229 (1989).)


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