State ex rel. Department of Transportation v. Superior Court

Does an accused facing criminal charges arising out of an automobile collision have a “proper interest” under Vehicle Code section 20012 in discovering reports of other accidents at the same location?

*850 I.

Real party in interest, Phyllis Hall, was involved in an automobile accident in which her car collided with another car and five occupants were killed. Ms. Hall was charged with five counts of murder (Pen. Code, § 187), five counts of vehicular manslaughter (Pen. Code, § 192, subd. 3), and one count of drunk driving (Veh. Code, § 23152, subds. (a) and (b)). 1

Following her arraignment, Ms. Hall served a subpoena duces tecum on the California Department of Transportation (Department) requesting production of accident reports of collisions which had occurred during the years 1980 through 1983 at the location of the incident. The Department refused to disclose the reports, 2 asserting a privilege under sections 20012 and 20014. 3 However, the trial court ruled that Ms. Hall had a “proper interest” in the reports under section 20012 and ordered their disclosure.

*851 The Department seeks review of this order, contending that it contravenes the confidentiality…