P. v. Durham CA2/8
Defendant Darrell Odell Durham appeals from the judgment following his plea of no contest to a charge of driving with a blood alcohol level of 0.08 percent or higher within 10 years of a conviction for felony driving under the influence or vehicular manslaughter. Defendant argues that the prosecution failed to establish that his detention at a sobriety checkpoint complied with the Fourth Amendment of the United States Constitution and that the evidence obtained pursuant to that detention should have been excluded. We agree with defendant and reverse the judgment.
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