(Download) "People v. Nevill" by Fourth Appellate District, Division One Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: People v. Nevill
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 23, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Robert Scott Carleton was charged with driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), felony hit and run (Veh. Code, § 20001) and two counts of vehicular manslaughter (Veh. Code, § 23153, subds. (a) and (b)). After his arrest, he was taken to the Vista Detention Facility (jail) and was asked to provide a sample of blood, breath or urine so his blood alcohol level could be determined. (Veh. Code, § 13353.) Carleton refused. A blood sample was forcibly extracted from his arm and the later test showed that approximately two hours after being stopped Carletons blood/alcohol (BA) was .21. He unsuccessfully moved to suppress the blood and related test results on the basis (1) there were no exigent circumstances excusing the police from getting a warrant or (2) the circumstances surrounding the taking of blood violated his due process rights. Carleton then sought mandate or prohibition and requested a stay. We granted the stay pending response from the People and disposition of the matter. Believing there was substantial evidence to support the ruling, we, with Justice Staniforth dissenting, denied the petition and vacated the stay. (People v. Ryan (1981) 116 Cal. App. 3d 168, 183 [171 Cal. Rptr. 854], petn. for hg. den., Apr. 1, 1981.) Carleton then successfully petitioned for a hearing in the California Supreme Court. That court transferred the case to itself and then retransferred it here directing us to issue an alternative writ. After argument and further briefing we again deny Carletons petition.
 "People v. Nevill" by Fourth Appellate District, Division One Court of Appeal of California * Book PDF Kindle ePub Free){kind=link}