People v. Jackson
117 Cal. Rptr. 3d 775
Cal. Ct. App.2010Background
- Jackson was convicted of misdemeanor DUI under Veh. Code §23152(a),(b) after a jury trial.
- Before trial, Jackson moved to exclude evidence of refusing the PAS test; the court admitted it.
- Officer Crawford observed erratic driving, odor of alcohol, red watery eyes, and unsteady gait, leading to arrest for DUI.
- Jackson submitted to field sobriety tests with several indicators of impairment; he later refused the PAS test but took a breath test at the jail showing 0.10% BAC.
- Expert testimony included calibration checks on the Intoxilyzer and a criminologist's analysis of alcohol effects; the jury convicted on both counts.
- The appellate court affirmed the convictions; the Supreme Court granted review to address the PAS refusal issue and held the admission error was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence of PAS refusal was admissible | Jackson contends refusal is unlawful to admit | State argues PAS refusal shows consciousness of guilt and is admissible | Admission improper; held harmless error |
Key Cases Cited
- People v. Zavala, 239 Cal.App.2d 732 (Cal. App. 1966) (right to refuse Nalline test; inadmissibility of refusal when written consent required)
- Marvin v. Dep't of Motor Vehicles, 161 Cal.App.3d 717 (Cal. App. 1984) (refusal to perform FSTs as consciousness of guilt; distinguish PAS)
- People v. Watson, 46 Cal.2d 818 (Cal. 1956) (harmless error standard)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless error standard for constitutional errors)
- Commission on Peace Officer Standards & Training v. Superior Court, 42 Cal.4th 278 (Cal. 2007) (statutory interpretation aiming to reflect legislative intent)