Sugarman

People v. Sugarman

Good Law
116 Cal. Rptr. 2d 689·2002 Cal. App. LEXIS 745·2002 Daily Journal DAR 1829·96 Cal. App. 4th 210·2002 Cal. Daily Op. Serv. 1520
Court of Appeal of CaliforniaJanuary 24, 2002B148414California1,845 words

Opinion

Opinion

Gilbert, J.

Gary Allen Sugarman appeals a judgment after pleading guilty to driving under the influence with a prior (Veh. Code, §§ 23152, subd. (a), 23550.5), a felony, and admitting two prior felony convictions (§ 23152). We conclude that the highway patrol officer did not violate the Fourth Amendment by requiring Sugarman to take a blood test at a hospital after Sugarman frustrated the officer’s attempts to conduct a breath analyzer test. The trial court properly denied Sugarman’s motion to suppress the results of the blood test. We affirm.

Facts

California Highway Patrol Officer Anthony Pedeferri stopped Sugarman’s car because he was driving 79 miles per hour in a 55-mile-per-hour zone. When he approached Sugarman, Pedeferri smelled the odor of alcohol on Sugarman and in his car. He gave Sugarman five field sobriety tests but Sugarman did not properly complete them. Pedeferri arrested Sugarman and advised him of his options under the implied consent law to select one of three tests to determine the blood-alcohol concentration (BAC) of his blood. Sugarman initially said he did not want to take any tests, but he eventually agreed to take a breath test.

Pedeferri instructed…

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