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  5. 184 Cal.App.3d 199 (1986)
 

PEOPLE v. MUNICIPAL COURT (SANSONE)

Docket No. D004797.

184 Cal.App.3d 199 (1986)

228 Cal. Rptr. 798

THE PEOPLE, Petitioner, v. THE MUNICIPAL COURT FOR THE NORTH COUNTY JUDICIAL DISTRICT OF SAN DIEGO COUNTY, Respondent; THOMAS JOSEPH SANSONE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

July 31, 1986.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and Thomas F. McArdle, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Diane C. Campbell and Thomas J. Warwick for Real Party in Interest.

OPINION

LEWIS, J.

Real party, Thomas Joseph Sansone, was arrested December 28, 1985, for driving under the influence of alcohol. Pursuant to Vehicle Code section 13353, he chose and successfully completed the urine test and was charged with Vehicle Code section 23152, subdivisions (a) and (b). Sansone then brought a motion to exclude evidence of his blood alcohol content on the basis the urine test does not meet the Kelly-Frye...

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