Legal Opinion

Cain v. People

Supreme Court of Colorado

Decided June 16, 2014No. Supreme Court Case No. 12SC299PublishedCited by 18 opinions

1Opinion of the CourtJustice Boatright

1 1 In this appeal, we consider whether the results of a preliminary breath test ("PBT") *251for blood alcohol content are admissible for impeachment purposes. While it is clear that when the defendant is charged with driving either while under the influence of alcohol ("DUI") or while ability impaired by alcohol ("DWAI"), the results of the PBT may not be used as evidence of guilt at trial, § C.R.S. (2018), whether the results of the PBT may nevertheless be used for impeachment purposes is an issue of first impression for this Court.

T2 In this case, the county court determined that although…

2Cases cited18 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Harris v. New YorkSupreme Court of the United States · 1971
  3. People v. CurtisSupreme Court of Colorado · 1984
  4. Hendricks v. PeopleSupreme Court of Colorado · 2000
  5. People v. TenorioSupreme Court of Colorado · 1979

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3Cited by18 opinions

  1. Williams v. Department of Public SafetyColorado Court of Appeals · 2015
  2. BP America Production Co. v. Colorado Department of RevenueSupreme Court of Colorado · 2016
  3. People v. FryeColorado Court of Appeals · 2014
  4. People v. McKimmySupreme Court of Colorado · 2014
  5. v. TaylorColorado Court of Appeals · 2018

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