People v. Jackson

Defendant Leroy B. Jackson was convicted after a jury trial of misdemeanor drunk driving in violation of Vehicle Code section 23152, subdivisions (a) and (b). 1 Defendant appealed to the appellate division of the superior court, which affirmed his convictions without opinion. Defendant sought relief in this court and we granted defendant’s petition for transfer in order to address the issue of whether the trial court erred by admitting evidence that defendant refused to take a preliminary alcohol screening (PAS) test. For the reasons set forth below, we hold that the trial court erred by admitting evidence of defendant’s refusal to take the PAS test. Nevertheless, because the trial court’s error was harmless, we affirm defendant’s convictions.

Factual and Procedural Background

On September 20, 2005, the San Francisco District Attorney’s Office filed a misdemeanor criminal complaint charging defendant with two counts of driving under the influence of alcohol and driving with a blood-alcohol concentration of 0.08 percent or more, in violation of sections 23152, subdivisions (a) and (b), respectively. Before trial, defendant filed a supplemental motion in limine to exclude…