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PEOPLE v. VANNESSE

No. B283857.

23 Cal.App.5th 440 (2018)

THE PEOPLE, Plaintiff and Respondent, v. ALEXANDER JEFFREY VANNESSE, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As modified June 1, 2018.

Attorney(s) appearing for the Case

Todd W. Howeth , Public Defender, and William M. Quest , Deputy Public Defender, for Defendant and Appellant.

Gregory D. Totten , District Attorney, and Michelle J. Contois , Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

The Vehicle Code provides that, if a person is lawfully arrested for driving under the influence of a drug or a combination of a drug and alcohol, he shall be advised that he has the choice of submitting to either a blood or breath test. (Veh. Code, § 23612, subd. (a)(2)(B).)1 Notwithstanding this statutory directive, we hold that if a peace officer advises the arrestee that his only choice is to submit to a blood test,...

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