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PEOPLE v. LEPINE

Docket No. D008908.

215 Cal.App.3d 91 (1989)

263 Cal. Rptr. 543

THE PEOPLE, Plaintiff and Respondent, v. AMY JO LEPINE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

October 31, 1989.

Attorney(s) appearing for the Case

COUNSEL

Grimes & Warwick, Thomas J. Warwick and Lewis A. Wenzell for Defendant and Appellant.

John W. Witt, City Attorney, Stuart H. Swett, Chief Deputy City Attorney, Marilynn J. Winters and Ward S. Clay, Deputy City Attorneys, for Plaintiff and Respondent.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Rudolf Corona, Jr., and Frederick R. Millar, Jr., Deputy Attorneys General, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

BENKE, J.

The issue before us is whether in a prosecution for driving a vehicle with a blood alcohol level of 0.10 percent or greater (Veh. Code,1 § 23152, subd. (b)), the partition or conversion ratio defined by the California Code of Regulations for converting a breath alcohol percentage to a blood alcohol percentage may only be rebutted by...

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