People v. Gartley CA4/3

FACTS

On April 2, 2013, Orange County Deputy Sheriff Arthur Tiscareno stopped a car driven by defendant after noticing the vehicle’s registration tag had expired. Defendant appeared intoxicated. He agreed to a search of the car and Tiscareno found a vial under the floor mat that appeared to have spilled its contents. Using a narcotic identification kit, Tiscareno determined the substance to be Phencyclidine (PCP). Defendant was transported to a substation where Deputy Sheriff William Simandl, a certified drug recognition expert, evaluated him. Simandl concluded defendant was under the influence of a disassociate anesthetic, a category of drugs that includes PCP, and informed defendant he was under arrest and required to submit to a test of his blood. According to Simandl, when told he would have to submit to a blood draw defendant “made no response.” A licensed vocational nurse was called to obtain the blood sample. Upon her arrival, defendant was asked to sit down. He submitted to the blood draw without

2 resistance. Simandl testified that if defendant had refused the test, the back of an administrative form used by the sheriff’s department would have been completed. Defendant…