Madril v. Superior Court

Opinion

CLARK, J.

Charged with felony drunk driving (Veh. Code, § 23101) and vehicular manslaughter (Pen. Code, § 192, subd. 3(a)), petitioner seeks a writ of mandate directing respondent superior court to suppress a blood sample withdrawn from him without warrant or consent following a- fatal traffic accident.

Respondent court first granted petitioner’s suppression motion, then —upon reconsideration—denied it. The initial order was entered at the conclusion of a special hearing conducted pursuant to subdivision (i) of section 1538.5 of the Penal Code. A week later, the People moved to “reopen…