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Legal Opinion

People v. Yniguez

California Court of Appeal

Decided February 26, 1971No. Crim. 19019PublishedCited by 12 opinions

1Opinion of the Court

Opinion

THOMPSON, J.

This is a People’s appeal from a dismissal of a criminal action after the granting of a motion to suppress evidence pursuant to Penal Code section 1538.5. We reverse the judgment of dismissal.

At about 2:15 a.m., on April 15, 1970, appellant was lawfully arrested for driving an automobile while under the influence of alcohol in violation of Vehicle Code section 23102. He was unsteady on his feet, his eyelids were “droopy” and his eyes bloodshot. He had the odor of alcohol on his breath. Appellant was transported to the Los Angeles County jail where a breathalyzer test was…

2Cases cited9 opinions

  1. People v. Superior CourtCalifornia Supreme Court · 1970
  2. People v. RossCalifornia Supreme Court · 1967
  3. People v. RobinsonCalifornia Supreme Court · 1965
  4. Ross v. CaliforniaSupreme Court of the United States · 1968
  5. People v. MercurioCalifornia Court of Appeal · 1970

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. Superior CourtCalifornia Supreme Court · 1972
  2. People v. MunseyCalifornia Court of Appeal · 1971
  3. People v. Superior CourtCalifornia Court of Appeal · 1971
  4. People v. RichCalifornia Court of Appeal · 1977
  5. People v. GomezCalifornia Court of Appeal · 1972

7 more not listed; retrieve them via the Exa API.

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