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PEOPLE v. HITCH

Docket No. Crim. 16915.

12 Cal.3d 641 (1974)

527 P.2d 361

117 Cal. Rptr. 9

THE PEOPLE, Plaintiff and Appellant, v. WARNER HERBERT HITCH, Defendant and Respondent.

Supreme Court of California. In Bank.

October 21, 1974.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Frederick R. Millar, Jr., and Howard J. Schwab, Deputy Attorneys General, C. Stanley Trom and Woodruff J. Deem, District Attorneys, and Nancy Sieh, Deputy District Attorney, for Plaintiff and Appellant.

Roger W. Borrell for Defendant and Respondent.

Richard S. Buckley, Public Defender (Los Angeles), Harold E. Shabo, Deputy Public Defender, Renzi & Kilbride and Fred Kilbride as Amici Curiae on behalf of Defendant and Respondent.

OPINION

SULLIVAN, J.

Defendant Warner Herbert Hitch was arrested on September 10, 1970, for driving a motor vehicle while under the influence of intoxicating liquor. (Veh. Code, § 23102.) In fulfillment of his implied consent to a chemical test of his blood, breath or urine for the purpose of determining intoxication (Veh. Code, § 13353), he chose to submit to a test of his breath and the arresting officer administered a...

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