Balov

People v. Balov

Good Law
23 Cal. App. 5th 696·233 Cal. Rptr. 3d 235
Court of Appeal of CaliforniaMay 23, 2018D073018California3,139 words

Opinion

lead Opinion

Benke, J.

*699 After Peter Balov was arrested for suspected drunk driving, the arresting officer advised Balov "that per California law he was required to submit to a chemical test, either a breath or a blood test." Balov did not object and chose a blood test, which showed his blood alcohol level was above the legal limit. Balov was charged with misdemeanor driving under the influence ( Veh. Code, § 23152, subds. (a) & (b) ). 1 Before trial, Balov moved to suppress the results of the blood test, arguing, inter alia, that his consent to the test was coerced. The court denied the motion, the appellate division affirmed, and Balov now challenges the ruling here, arguing as he did below that his consent to the blood test was not voluntary. We reject Balov's argument and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

At the hearing on Balov's motion to suppress, San Diego Police Officer Luis Martinez testified that just before 3:00 a.m. on March 22, 2015, he saw Balov abruptly stop his black Range Rover in an intersection when the traffic signal turned yellow. In response, Martinez turned on his police vehicle's emergency lights and *238 instructed Balov to pull over. Martinez reported…

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