Garcia v. Dist. Court, 21st Jud. Dist.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• granting a new trial was an appropriate sanction in prosecution for driving under the influence where police failed to collect and preserve breath samples in testing alcoholic content of defendant’s breath
• where state failed to preserve breath samples, evidence relating to breath tests and any derivative evidence was suppressed
• failure of police to collect and preserve breath samples in testing alcohol content of defendant’s breath requires new trial
• due process requires that defendant be given separate samples of breath for purposes of determining blood alcohol content
• defendant must be given sample of breath in a form which permits independent testing
• where Colorado legislature specifically required preservation of blood and urine samples, equal protection was found to have been violated where similar requirement was not imposed with respect to preservation of breath samples

Source: CourtListener parenthetical corpus (CC0).