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Failure to Give Trombetta Affects Credibility

JURY INSTRUCTIONS:Special Instructions

V.C. §23614 People v. Alvarado (1986) 181 CAM Supp. 1, 226 CR 329. People v. Medina (1990) 51 C3d 870, 274 CR 849. People v. Hitch (1974) 12 Cal3d 641, 117 Cal.Rpt

The defendant in this case submitted to and completed a breath test for the determination of his blood alcohol content. The law therefore requires that he be advised in accordance with the requirements of Veh. C. §23614. The relevant parts of that statute are the following. “A person who chooses to submit to a breath test shall be advised that the breath testing equipment does not retain any sample of the breath and that no breath sample will be available after the test which could be analyzed later by the person or any other person.”

“The person shall also be advised that, because no breath sample is retained, the person will be given the opportunity to provide a blood or urine sample that will be retained at no cost to the person so that there will I be something retained that may be subsequently analyzed for the alcoholic content of the person’s blood.”

“If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially.”

If you find that these requirements have been violated, you are instructed that you are permitted to use that information as a factor bearing on the credibility of the law enforcement authorities involved and the accuracy of the breath test result.