People v. Corsini

Opinion

CROSBY, J.

—Victor Aldo Corsini pleaded guilty to felony drunk driving (former Veh. Code, § 23101) after his motion to suppress a blood sample taken to determine his blood-alcohol level was denied.

I

Shortly after midnight on November 8, 1981, Corsini, alone in his vehicle, crossed over the center line on Pacific Coast Highway and struck another car head on. Officers Payne and Strohmeyer of the California Highway Patrol arrived at the scene; Strohmeyer detected the odor of alcohol on Corsini’s breath and noted his speech was slurred and his eyes were red, watery, and droopy. Corsini’s windshield was cracked and smeared with blood, hair, and flesh. He had facial lacerations and complained of head

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and chest pains; the other driver also suffered several injuries, including a broken leg. Both were transported by ambulance to a hospital.

Strohmeyer testified he did not place Corsini under arrest at the scene of the accident because the extent of his injuries was unknown and he appeared to need medical treatment. Although he was incoherent at first and rejected treatment in the emergency room, Corsini remained conscious. Finally, after he allowed himself to be treated, he was arrested by Strohmeyer, given the

Miranda

warning, and told a chemical test would be required to determine whether he was intoxicated. Corsini permitted the blood test.

He was not jailed or physically restrained. But he was to receive additional medical treatment, and it would be hours before the decision to admit him to the hospital could be made. Consequently, after the blood sample was drawn, Strohmeyer relinquished custody to the attending physician and advised Corsini a criminal complaint might be filed against him depending upon the outcome of the blood alcohol test.

The blood alcohol test result was 0.19, and Corsini was charged with felony drunk driving. His motion to dismiss was denied (Pen. Code, § 995), and he then sought to suppress the blood sample as the product of an illegal search and seizure (Pen. Code, § 1538.5). Corsini called Officer Payne and the emergency room physician to testify on his behalf; neither could recall his being placed under arrest or agreeing to a blood test. The court believed Strohmeyer’s version, however, and determined the blood sample was properly obtained incident to a lawful arrest (Veh. Code, § 13353). The motion to suppress was denied.