People v. Nault
Annotate this CaseThe Court of Appeal affirmed defendant's conviction for second degree murder and gross vehicular manslaughter while intoxicated, concluding that a warrantless blood draw did not violate defendant's Fourth Amendment rights under the exigent circumstances exception. The court explained that circumstances are exigent when blood alcohol evidence is dissipating, as it always is, and a pressing health, safety, or law enforcement need takes priority over a warrant application. In this case, defendant created the exigency by injuring himself badly, he was unconscious and had to be helicoptered to surgery, and caring for defendant's medical need left no time for a breath test. The court directed the trial court to stay the sentence for count 2 pursuant to Penal Code section 654 and to forward a corrected copy of the abstract of judgment to the Department of Corrections and Rehabilitation.
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