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Legal Opinion

Carleton v. Superior Court

California Court of Appeal

Decided August 9, 1985No. D002197PublishedCited by 33 opinions

1Opinion of the Court

Opinion

WIENER, J.

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…

2Cases cited12 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Rochin v. CaliforniaSupreme Court of the United States · 1952
  3. Breithaupt v. AbramSupreme Court of the United States · 1957
  4. Winston v. LeeSupreme Court of the United States · 1985
  5. People v. LeybaCalifornia Supreme Court · 1981

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

3Cited by33 opinions

  1. State v. JohnstonCourt of Criminal Appeals of Texas · 2011
  2. Hammer v. GrossCourt of Appeals for the Ninth Circuit · 1991
  3. People v. ThompsonCalifornia Supreme Court · 2006
  4. Hammer v. GrossCourt of Appeals for the Ninth Circuit · 1989
  5. State v. LanierSouth Dakota Supreme Court · 1990

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

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