People v. Superior Court

We issued an alternative writ of mandate for the of determining whether real party in interest Leo Vincent Logue was “lawfully arrested” on probable cause to believe he had violated the so-called “Felony Drunk Driving Law.” (Veh. Code, § 23101.) Finding that a lawful arrest had not occurred, the superior court had suppressed evidence of a blood test administered under claim of authority of Vehicle Code section 13353.

No conflict appears in the evidence or in such inferences as are derivable therefrom, upon which the court’s conclusion was based. The issue before us accordingly becomes one of law. (Southern Cal. Collection Co. v. Napkie, 106 Cal.App.2d 565, 569 [ 235 P.2d 434 ]; Ferner v. Casalegno, 141 Cal.App.2d 467, 471-472 [ 297 P.2d 91 ].)

Logue drove a motor vehicle off the shoulder of a road, over a 20-foot patch of ice plant, and across four traffic lanes of an intersecting highway where he collided with another vehicle. The two occupants of the other car were very seriously injured, requiring immediate medical attention. Logue himself suffered a broken leg and other injuries. A lone uniformed highway patrol officer arriving at the scene took charge of the…