Legal Opinion

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

Supreme Court of Colorado

Decided February 20, 1979No. C-1504, C-1551PublishedCited by 91 opinions

1Opinion of the CourtJustice Erickson

The defendant Andrew Joe Garcia and the defendant Kenneth Ray Feland have both asserted that the present procedures used in conducting breath tests to determine blood alcohol percentage in a drunk driving prosecution deprives them of the opportunity to test the accuracy and validity of the procedure. Determination that a person had a blood alcohol content of .10 percent creates a presumption that he was operating a vehicle while under the influence of intoxicating liquors. Section 42-4-1202, C.R.S. 1973 (1976 Supp.).

We granted certiorari to review the Mesa County District Court decision in…

2Cases cited18 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Alford v. United StatesSupreme Court of the United States · 1931
  4. Moore v. IllinoisSupreme Court of the United States · 1972
  5. McLaughlin v. FloridaSupreme Court of the United States · 1964

13 more not listed; retrieve them via the Exa API.

3Cited by91 opinions

  1. Stephan v. StateAlaska Supreme Court · 1985
  2. Turpin v. StateCourt of Criminal Appeals of Texas · 1980
  3. Commonwealth v. NealMassachusetts Supreme Judicial Court · 1984
  4. People v. RoarkSupreme Court of Colorado · 1982
  5. Baca v. SmithArizona Supreme Court · 1979

86 more not listed; retrieve them via the Exa API.

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