Jones

People v. Jones

Good Law
180 Cal. Rptr. 3d 407·2014 Cal. App. LEXIS 1083·231 Cal. App. 4th 1257
Court of Appeal of CaliforniaNovember 26, 2014A140054California4,340 words

Opinion

Opinion

Bruiniers, J.

Appellant Bobby Lynn Jones was arrested for driving a vehicle under the influence of alcohol and causing injury. Following his arrest, a sample of his blood was taken over his objection and without a warrant. His motion to suppress the results of the chemical analysis of his blood sample was denied. Jones contends that the decision of the United States Supreme Court in Missouri v. McNeely (2013) 569 U.S. _ [ 185 L.Ed.2d 696 , 133 S.Ct. 1552 ] (McNeely), rendered subsequent to his arrest, mandates suppression of the evidence. We disagree and affirm.

I. Factual and Procedural Background

On September 21, 2012, shortly before midnight, Fairfield police were called to the scene of a rear-end, two-car collision on Air Base Parkway. The collision had forced the first vehicle off the road and down an embankment, and the driver had sustained soft-tissue injuries for which she sought medical treatment. The other car, a newer model Toyota with major front-end damage, was on the street unattended, with the airbags deployed. The driver of the Toyota had reportedly fled on foot, possibly headed westbound on the north side of Air Base Parkway.

About 12:06 a.m., Jones was observed…

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