People v. Hampton

OPINION OF THE COURT

William H. Bristol, J.

Do scientific procedures allow and does the United States Constitution require preservation of a deep-lung breath sample by police investigating an individual on charges of driving while intoxicated? These are the essential questions posed by defendant’s application.

For the reasons explained hereinafter, this court holds that they do.

On October 29, 1982 Rochester Police Officer W. J. Bar-tel arrested Bruce D. Hampton on East Main Street in the City of Rochester and charged him with the misdemeanors of driving while his blood alcohol content exceeded…