Monder Law Group - News
Failure To Follow Requirements Of Vehicle Code Section 23614
The defendant submitted and completed a breath test to determine his/her blood alcohol content. The law requires that a person should be informed with the requirements of the Vehicle code § 23614. When a person chooses to submit a breath test must be advised before or after the test that the breath testing equipment does not keep any sample of the breath and it will not be available after the test.
The person must be informed that a breath sample is not secured, the person will have the opportunity to grant a urine or blood sample that will be secured at no cost so that there will be something secured to analyze for the alcoholic content of the person’s blood. A person who completes a breath test and wants to grant a urine or blood sample to be secured, the sample must be secured and collected in the same way as if the person would have chosen a urine or blood test. The person should be informed that in any criminal prosecution, the urine or blood sample could be tested by either party.
If the requirements of the Vehicle Code § 23614 have been violated, you are instructed that you are allowed to use that information as a factor bearing on the credibility of the law enforcement authorities who were involved and the accurate of the breath test results.
In People v. Alvarado, Alvarado (Defendant), filed for a motion to suppress the results of the breathing test because the officer violated the Vehicle Code § 23614, which states that breath samples should be preserved and breath analyses test could not be used at trial.
If you have any questions about your DUI case in San Diego, please contact San Diego DUI attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney
