People v. Hummel

In this motion to suppress the evidence taken from a breathalyzer test of defendant, the fact pattern is apparently one of first impression, at least insofar as this court could find.

The defendant was arrested at 2:15 a.m. on the morning of May 9, 1974 after having been stopped by the police. For the purposes of this suppression hearing it was stipulated that the testing officer had probable cause to administer the breathalyzer test. Also, the status and qualifications of the officer have been conceded. What happened was that at 4:13:57 a.m., following the arrest, the first breath sample was…