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Name: People v. Williams
Case #: S098552
Court: CA Supreme Court
District CalSup
Opinion Date: 07/15/2002
Subsequent History: Rehg. denied 9/18/02. Request for mod. of opinion denied.

Appellant was convicted of driving under the influence, based on a preliminary alcohol screening (PAS) of .18. The Court of Appeal held that the PAS results should have been excluded because the arresting office failed to comply substantially with the Title 17 regulations governing PAS, but found the error harmless. The Supreme Court granted review to determine whether the absence of substantial compliance with the regulations justifies a blanket exclusion of PAS results, or whether it goes merely to the weight of the evidence. The Court here affirmed the lower court’s opinion. Although the regulations were not complied with, the record supports the conclusion that the test established appellant’s intoxication, and therefore the trial court properly exercised its discretion in admitting the test results.