Rossetti
People v. Rossetti
Opinion
Opinion
Ruvolo, J.
I.
INTRODUCTION
Appellant Giovanni Rommel Rossetti appeals after entering a plea of no contest to driving with 0.08 percent or higher blood-alcohol content. He also admitted he had three prior convictions for driving under the influence (DUI). (Veh. Code, §§ 23152, subd. (a), 23550.) He claims the court erred in denying his motion to suppress (Pen. Code, § 1538.5), contending that the nonconsensual blood draw taken after his DUI arrest without first obtaining a search warrant violated his rights under the Fourth Amendment of the United States Constitution. He also argues that the blood draw was not performed in a constitutionally reasonable manner. We reject these arguments and affirm the trial court’s denial of appellant’s motion to suppress.
II.
FACTS AND PROCEDURAL HISTORY
The statement of facts is taken from the evidence introduced at the hearing on appellant’s suppression motion which, as appellant concedes, “is essentially undisputed.” About 1:50 a.m. on November 9, 2011, California Highway Patrol Officer Jason Tyhurst was driving north on Highway 242 in Contra Costa County when he saw a car traveling at an estimated 90 miles per hour in a 65-mile-per-hour…