People v. Municipal Court (Sansone)

OPINION Real party, Thomas Joseph Sansone, was arrested December 28, 1985, for driving under the influence of alcohol. Pursuant to Vehicle Code section 13353 , he chose and successfully completed the urine test and was charged with Vehicle Code section 23152 , subdivisions (a) and (b). Sansone then brought a motion to exclude evidence of his blood alcohol content on the basis the urine test does not meet the Kelly-Frye ( Frye v. United States (D.C. Cir. 1923) 293 Fed. 1013 [ 54 App.D.C. 46 , 34 A.L.R. 145 ]; People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ]) criteria for admissibility of evidence. At the hearing, the People called one witness, Janet LaMott, who is forensic alcohol supervisor of the San Diego Regional Crime Laboratory. She explained the method used to determine blood alcohol content, the way to obtain proper samples and the system of converting urine alcohol results to blood alcohol percentages. LaMott also testified that in her opinion a urine test done properly will give accurate results, an opinion shared by many but not all scientists. At the close of the hearing, the court ruled to exclude the result of Sansone's urine test because the…

Real party, Thomas Joseph Sansone, was arrested December 28, 1985, for driving under the influence of alcohol. Pursuant to Vehicle Code section 13353, he chose and successfully completed the urine test and was charged with Vehicle Code section 23152, subdivisions (a) and (b). Sansone then brought a motion to exclude evidence of his blood alcohol content on the basis the urine test does not meet the Kelly-Frye (Frye v. United States (D.C.Cir. 1923) 293 Fed. 1013 [ 54 App.D.C. 46 , 34 A.L.R. 145 ]; People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ]) criteria for admissibility of evidence. At the hearing, the People called one witness, Janet LaMott, who is forensic alcohol supervisor of the San Diego Regional Crime Laboratory. She explained the method used to determine blood alcohol content, the way to obtain proper samples and the system of converting urine alcohol results to blood alcohol percentages. LaMott also testified that in her opinion a urine test done properly will give accurate results, an opinion shared by many but not all scientists. At the close of the hearing, the court ruled to exclude the result of Sansone’s urine test because the…

I respectfully dissent. The People have the burden of showing the test used is valid which they failed to do in this case as a matter of proof. This does not mean the test is not valid but merely that the People failed to prove it here. I would deny the petition. On August 29, 1986, the opinion was modified to read as printed above. The petition of real party in interest for review by the Supreme Court was denied October 30, 1986. Mosk, J., was of the opinion that the petition should be granted. *Page 203