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IN RE CHERYL S.

Docket No. A034731.

189 Cal.App.3d 1240 (1987)

235 Cal. Rptr. 42

In re CHERYL S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Appellant, v. CHERYL S., Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

February 27, 1987.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Ronald E. Niver and Morris Beatus, Deputy Attorneys General, for Plaintiff and Appellant.

J. Thomas Sherrod and Mark Cohen for Defendant and Respondent.

OPINION

LOW, P.J.

The People appeal from an order by the juvenile court dismissing a petition for wardship (Welf. & Inst. Code, § 602) after suppressing the results of a "breath test." The juvenile court ruled that "fundamental fairness" dictated the testing officer advise the minor, before taking the breath test, that the breath sample would not be preserved. We reverse.

On September 19, 1985, Cheryl S., a minor...

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