Spitze

Spitze v. Zolin

Good Law
1996 Cal. App. LEXIS 848·48 Cal. App. 4th 1920·56 Cal. Rptr. 2d 573·96 Daily Journal DAR 11009·96 Cal. Daily Op. Serv. 6757
Court of Appeal of CaliforniaSeptember 9, 1996F024223California4,915 words

Opinion

Opinion

Dibiaso, J.

Vehicle Code section 23157, the implied consent law (Kessler v. Department of Motor Vehicles (1992) 9 Cal.App.4th 1134, 1136 [ 12 Cal.Rptr.2d 46 ]), provides in part that any person who has been lawfully arrested for specified violations of the Vehicle Code (including, as here, § 23152) “is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine for the purpose of determining the alcoholic content of his or her blood . . . .” (§ 23157, subd. (a)(1).) The statute also authorizes the immediate seizure of the person’s license to drive and service on the person of a notice of suspension or revocation of the person’s driving privilege effective 30 days from the date of arrest. (§ 23157, subd. (f).) In this connection, subdivision (g) of section 23157 reads: “The peace officer shall immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession under subdivision (f), with the report required by Section 23158.2, to the department. If the person submitted to a blood or urine test, the peace officer shall forward the results immediately to the appropriate forensic…

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