THE HITCH CASE - SAVING AMPOULES FOR A DEFENDANT FROM A CHEMICAL TEST FOR ALCOHOLIC INTOXICATION
The author provides a review of the Hitch Case, as decided by the California Supreme Court in 1974, and its subsequent impact in the field of chemical tests for alcoholic intoxication. The report reviews the scientific basis for the Hitch decision and also reviews appellate court decisions since Hitch (1974-1977). The latter illustrates the lack of agreement among scientific experts who testified in Hitch, as well as, the lack of agreement among courts as to what due process of law requires in this area. The decisions of eleven states appellate courts are discussed, along with that of one U.S. District Court. The report includes 33 footnotes.
National Safety Council444 North Michigan Avenue
Chicago, IL USA 60611
Washington, DC USA 20590
- Reeder, R H
- Publication Date: 1977-12
- Pagination: 34 p.
- TRT Terms: Alcohol tests; Chemical analysis; Chemical tests; Courts; Detection and identification systems; Drivers; Drunk drivers; Drunk driving; Litigation; States
- Old TRIS Terms: Chemical detection
- Subject Areas: Highways; Law; Safety and Human Factors;
- Accession Number: 00186868
- Record Type: Publication
- Source Agency: National Technical Information Service
- Report/Paper Numbers: DOT-HS-803-593 Final Rpt.
- Contract Numbers: DOT-HS-4-00965
- Files: NTIS, TRIS, USDOT
- Created Date: Feb 27 1979 12:00AM