People v. Superior Court (Maria)

The People petition for an extraordinary writ seeking relief from a judgment of respondent Lassen County Superior Court granting the petition of real party in interest David Joseph Maria for a writ of mandate. The writ ordered the Lassen County Justice Court to dismiss a count of a criminal complaint alleging a violation of Vehicle Code section 23152, subdivision (a) (driving under the influence of alcohol, drugs, or both). The superior court ordered the charge dismissed because it found the police had not afforded Maria the opportunity to take the chemical test of his choice, pursuant to Vehicle Code section 23157, and thus deprived him of the right to obtain exculpatory evidence.

In this proceeding, the People contend the superior court erroneously interpreted Vehicle Code section 23157 to require dismissal of criminal charges if law enforcement officials fail to offer a suspected drunk driver the chemical test of his choice. The People also contend that Maria was unable to demonstrate constitutional error warranting dismissal of the charge. We shall conclude these contentions have merit and shall order a writ of mandate to issue directing the superior court to vacate…