Adams usage for defense in Los Angeles DUI
If a preliminary alcohol screening (PAS) devise results are below .08% alcohol in blood or the results are consistent with a rising blood alcohol defense, Los Angeles Drunk Driving Attorney will be better off introducing such results into evidence. Commonly, People v. Adams, a court of appeal case from 1976 is used to introduce PAS devise results for its evidentiar value. Per Adams, there are three foundational prerequisites for admissiblity of testing results:
(1) The particular apparatus utilized was in proper working order
(2) the test was properly administered
(3) the operator was competent and qualified.
When there is compliance with these three factors, Los Angeles DUI Attorney or a prosecutor can introduce the PAS devise and use it to prove his or her case. For example, if the PAS results are below .08% alcohol in blood, its introduction will help the defense in showing that the driver was below .08%. Conversely, the prosecution might want to introduce PAS results because they are above .08%, but, skillful DUI Los Angeles DUI Lawyer can successfully limit its introduction because of non compliance with Adams foundation. In Molenda v. Department of Motor Vehicles (2009)172 Cal.App.4th 974, the court upheld the trial court