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Name: People v. Mateljan
Case #: D044282
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/12/2005
Subsequent History: rehrng. den. 6/1/05; rev. den. 8/24/05
Summary

Appellants were taken into custody for driving under the influence prior to February 11, 2004, when Vehicle Code section 23158 was amended to permit certified phlebotomists to draw blood samples. Their blood samples were taken by certified phlebotomists. Appellants’ suppression motions were denied. The appellate court affirmed the denial of the motions to suppress. The courts have previously rejected similar attacks based on Fourth Amendment and Due Process arguments. Here, appellants also argued that the use of phlebotomists deprived them of equal protection of the law. The court rejected that argument as well, as appellants were not subjected to prosecution on any arbitrary or invidious basis.