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People v. Bonutti9/23/2004
ate's belief that, after today, "defendants across the board will have a ready way to circumvent the suspension rules and impair their ultimate prosecutions for driving under the influence." Trial courts are smarter than that, and they appreciate the distinction between a family physician who has treated **495 the accused for years and a hired gun who first met the accused last Tuesday.
In closing, we note that this is not the type of suppression case in which clear evidence of criminal wrongdoing is withheld from the fact finder because of a prosecutorial misstep. Section 1286.310(a) exists because regurgitation within 20 minutes of a breath-alcohol test can render a false positive. In other words, a lack of compliance with section 1286.310(a) has the potential to create criminals out of people who are not. This is not a "technicality," and it is not a contingency that this court will countenance.
CONCLUSION
For the foregoing reasons, the judgment of the appellate court is affirmed.
Affirmed.
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