Meza

People v. Meza

Good Law
23 Cal. App. 5th 604·232 Cal. Rptr. 3d 894
Court of Appeal of CaliforniaMay 18, 2018A147188California3,759 words

Opinion

lead Opinion

Tucher, J.

*606 This case raises the question whether, when a driving under the influence (DUI) suspect is injured in an accident and taken to the hospital, the arresting officer needs to obtain a warrant before arranging for the suspect's blood to be drawn for blood alcohol content (BAC) testing. The trial court answered this question in the negative on the facts of this case, denying a motion to suppress BAC evidence. We think the trial court was too quick to find exigent circumstances here, and in the published portion of our opinion conclude that the blood draw was inconsistent with the Fourth Amendment. However, we find the error in this case to have been harmless, and in the unpublished portion of the opinion also reject appellant Matthew Enrique Meza's other challenges. We affirm Meza's convictions for driving under the influence causing injury, and for driving with a BAC of 0.08 percent or more causing injury, in violation of Vehicle Code section 23153, subdivisions (a) and (b).

FACTUAL AND PROCEDURAL BACKGROUND

On the afternoon of September 1, 2013, Meza called his girlfriend and told her he would finish his beer and his golf game and come see her. An hour or more later, about…

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