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Labs Must Keep Training Records

JURY INSTRUCTIONS:Special Instructions

This page is intended as a resource for other attorneys. If you find yourself defending a DUI case, you may benefit from instructing the jury about California Administrative Code of Regulations, Title 17, 1221.1(7); Health and Safety Code 436.50.

California Administrative Code of Regulations, Title 17, 1221.1(7); Health and Safety Code 436.50 et. seq.;

Title 17 of the California Administrative Code of Regulations states that laboratories which are licensed by the State to perform forensic alcohol analyses shall keep records of training persons who operate breath testing instruments for law enforcement agencies.

Upon investigation, you may find information in the training record documents that shows the person operating the breath testing instrument was not up-to-date on their training. A piece of evidence like this when presented to the jury will help your defense.