California Court of Appeal October 31, 1985, Docket Nos. A016358, A016374, A017265, A017266 (People v. Trombetta)

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Opinion

POCHÉ, J.

In this case we are asked to decide whether the Hitch

1

duty to preserve breath samples is based upon the federal or the state Constitution. As will appear, we conclude that the

Hitch

rule rests on the federal Constitution. We also conclude that there is no constitutional impediment to the introduction into evidence of intoxilyzer breath test results.