Legal Opinion
People v. Vannesse
California Court of Appeal, 5th District
Decided May 16, 2018No. 2d Crim. No. B283857PublishedCited by 7 opinions
1Opinion of the CourtYegan, Acting P. J.
*442The Vehicle Code provides that, if a person is lawfully arrested for driving under the influence of a drug or a combination of a drug and alcohol, he shall be advised that he has the choice of submitting to either a blood or breath test. ( Veh. Code, § 23612, subd. (a)(2)(b).)1 Notwithstanding this statutory directive, we hold that if a peace officer advises the arrestee that his only choice is to submit to a blood test, the test results are admissible in a criminal proceeding provided that the arrestee freely and voluntarily consents to a blood test. The failure to advise the arrestee of his…
2Cases cited23 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Missouri v. McNeelySupreme Court of the United States · 2013
- Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
- People v. Lance W.California Supreme Court · 1985
- People v. SmitheyCalifornia Supreme Court · 1999
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. Meza, California Court of Appeal, 5th District2018
- People v. Gutierrez, California Court of Appeal, 5th District2018
- Houtchens v. Google LLCDistrict Court, N.D. California · 2022
- Houtchens v. Google LLCDistrict Court, N.D. California · 2023
- People v. GutierrezCalifornia Court of Appeal · 2018
2 more not listed; retrieve them via the Exa API.