Client was charged with driving under the influence under Vehicle Code sections 23152(a) and (b). We filed a suppression motion under Penal Code section 1538.5, arguing that the officer unlawfully conducted a blood draw without a warrant or valid consent. The court granted the motion. The case was dismissed in full.
The arresting officer alleged that our client showed signs of impairment and refused to submit to a chemical test. In reality, our client affirmatively requested a breath test. The officer disregarded the request and instead compelled a blood draw without a warrant.
We challenged the legality of the search by filing a motion to suppress under Penal Code section 1538.5. We argued that the blood draw violated Fourth Amendment protections, and that no valid exception to the warrant requirement applied.
After hearing argument, the court found that the officer failed to honor the client’s request for a breath test and lacked legal justification to proceed with a blood draw. The court granted the motion. The prosecution dismissed the case in its entirety.
This result demonstrates the importance of holding police to constitutional standards—especially in DUI cases where consent, choice, and procedure matter.
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Well first of let me start with patrick is number 1 ! He is so motivated in his type of work and very great energy best he is staight forward and 100% real . He wont let you down . In my case that really me and my family thought it be some years witch normally would have but with...
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I recently had a case in riverside county where I was getting charged for domestic violence, entrapment, and other things. When really it was not anything like that at all, I was looking at 4+ years and when I denied that they tried to hit me with a 211 for taking her phone (which she denied ) and give me...
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Alberto
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