PEOPLE v. ESAYIAN

No. D041376.

5 Cal.Rptr.3d 542 (2003)

112 Cal.App.4th 1031

The PEOPLE, Plaintiff and Respondent, v. Nicholas J. ESAYIAN, Defendant and Appellant.

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

October 23, 2003.


Attorney(s) appearing for the Case

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.


HUFFMAN, Acting P.J.

Nicholas J. Esayian was arrested for driving under the influence of alcohol and, in accordance with the implied consent law (Veh.Code,1 §§ 23612, subd. (a) & 13384), he submitted to a blood test to determine his blood-alcohol content (BAC). Esayian was charged with driving under the influence of alcohol (DUI) as a misdemeanor. In the trial court Esayian...

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