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PEOPLE v. ESAYIAN, d041376

Defendant's conviction for driving under the influence is affirmed where, defendant's blood was not drawn in violation of the Fourth Amendment, his right to a fair trial was not violated by the introduction of blood test results where the blood draw did not comply with California's regulatory scheme, and the record does not support a finding of systematic, deliberate and persistent violation of the statutes by the County.

Appellate Information

  • Decided 10/23/2003
  • Published 10/23/2003


  • HUFFMAN, Acting P.J.


  • California Court of Appeal


  • For Appellees:
  •  Advocate Legal Services and Ronald A. Jackson, Ventura, for Defendant and Appellant., Mary Frances Prevost, San Diego, as Amicus Curiae on behalf of Defendant and Appellant., Bonnie M. Dumanis, District Attorney, Kim-Thoa Hoang and Richard S. Armstrong, Deputy District Attorneys, for Plaintiff and Respondent., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Gary W. Brozio, Deputy Attorneys General, as Amicus Curiae on behalf of Plaintiff and Respondent.,  Casey Gwinn, City Attorney, Susan M. Heath, Assistant City Attorney, and Danielle Davidian, Deputy City Attorney as Amicus Curiae on behalf of Plaintiff and Respondent.
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