California v. Toure
Annotate this CaseDefendant Madou Toure drove his semi-truck into on-coming traffic before colliding head-on with an automobile carrying two occupants. Throughout the investigation of the incident by the California Highway Patrol (CHP), defendant was violent and combative, continuing his resistance even at the CHP station. Defendant refused to consent to blood alcohol testing after being admonished of the implied consent provisions of the Vehicle Code, so a nonconsensual warrantless blood draw was performed while defendant was restrained. After a jury trial, defendant was convicted of felony driving under the influence of alcohol causing injury, driving on a suspended license, and resisting an executive officer. He was sentenced to four years in state prison and appealed. On appeal, defendant argued: (1) his four year state prison sentence was unauthorized in the absence of pleading or proof of prior drunk driving convictions; (2) his felony drunk driving convictions should have been reversed because the blood alcohol evidence was obtained without a warrant, exigent circumstances, or his consent, in violation of his Fourth Amendment rights; and (3) his convictions under both subdivisions (a) and (b) of section 23153 were improper. The State conceded that the court imposed the incorrect sentence for driving under the influence with injury. The Court of Appeal modified the sentence but otherwise affirmed.
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