California Court of Appeals, First District, Fifth Division
Superior Court of Solano County, No. FCR296214, Hon. Peter B. Foor, Judge.
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Gordon S. Brownell, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Gerald A. Engler, Assistant Attorney General, Seth K. Schalit and Laurence K. Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.
Appellant Bobby Lynn Jones was arrested for driving a vehicle under the influence of alcohol and causing injury. Following his arrest, a sample of his blood was taken over his objection and without a warrant. His motion to suppress the results of the chemical analysis of his blood sample was denied. Jones contends that the decision of the United States Supreme Court in Missouri v. McNeely (2013)
569 U.S. __ [185 L.Ed.2d 696, 133 S.Ct. 1552] (McNeely), rendered subsequent to his arrest, mandates suppression of the evidence. We disagree and affirm.
I. Factual and Procedural Background
On September 21, 2012, shortly before midnight, Fairfield police were called to the scene of a rear-end, two-car collision on Air Base Parkway. The collision had forced the first vehicle off the road and down an embankment, and the driver had sustained soft-tissue injuries for which she sought medical treatment. The other car, a newer model Toyota with major front-end damage, was on the street unattended, with the airbags deployed. The driver of the Toyota had reportedly fled on foot, possibly headed westbound on the north side of Air Base Parkway.
About 12:06 a.m., Jones was observed walking westbound on the north side of Air Base Parkway about 400 yards from the scene of the collision, in an area with no sidewalks and where pedestrian traffic is prohibited by local ordinance (Fairfield Mun. Code, § 11.6.2). When detained by police, Jones was observed to be disheveled, and he had leaves on his person as if he had come out of the nearby bushes. He appeared to be intoxicated with an alcoholic odor, watery bloodshot eyes, and an unsteady gait. Jones denied having been involved in an accident and said that he was walking from Vacaville, a distance of about three miles. Jones admitted that he was on probation, and a records check confirmed that he was on active probation supervision, with terms including a search and seizure condition. A search of Jones’s person revealed what appeared to be powder residue from a deployed vehicle airbag on the front of his clothing and a Toyota key in his pants pocket. Officers determined that the key operated the door locks of the Toyota at the crash scene. After a Miranda admonishment,  Jones admitted that he had been the sole occupant of the Toyota and that a Bluetooth headset found on the floor of the Toyota was his. Jones was arrested.
When advised of the requirement that he submit to a chemical test to determine his blood alcohol content, Jones said that he would not take a blood test. Jones was transported to the Fairfield Police Department for a breath test, but then refused to provide a breath sample. Jones was then taken to the North Bay Medical Center where a blood sample was drawn by a phlebotomist ...