People v. Noonan

Opinion

LILLIE, J.

A municipal court jury found defendant guilty of drunk driving (§ 23102, Veh. Code); on appeal the appellate department of the superior court reversed the judgment. Acting under subdivision (a) of rule 63, California Rules of Court, the appellate department on its own motion certified the cause “to settle important questions of law and to secure uniformity of decisions.” The questions presented by it are “1. What duty, if any, do law enforcement officers have as to preservation of test ampules used in breathalyzer tests for sobriety?

“2. Is the burden upon the People to show…