People v. Milhollin

751 P.2d 43, 12 Brief Times Rptr. 224, 1988 Colo. LEXIS 30, 1988 WL 7825
CourtSupreme Court of Colorado
DecidedFebruary 8, 1988
DocketNo. 87SA353
StatusPublished
Cited by39 cases

This text of 751 P.2d 43 (People v. Milhollin) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Milhollin, 751 P.2d 43, 12 Brief Times Rptr. 224, 1988 Colo. LEXIS 30, 1988 WL 7825 (Colo. 1988).

Opinions

VOLLACK, Justice.

The People bring this interlocutory appeal from a suppression order entered by the Adams County District Court. This order suppressed (1) the results of a blood alcohol test performed on Milhollin after he was involved in a traffic accident, and (2) a statement made by Milhollin to the investigating trooper at the hospital. Because the trial court applied the wrong standard in suppressing the test results, we reverse that portion of the order suppressing the blood test. Because the defendant’s statement to the investigating trooper was erroneously suppressed, we reverse that portion of the order and remand with instructions to admit the statement into evidence.

I.

On October 25, 1986, the defendant-ap-pellee, Anthony Milhollin (hereinafter Mil-hollin or the defendant), was operating a motorcycle which collided with a car. The defendant and his passenger suffered injuries, and they were both transported by ambulance to Saint Anthony’s Central Hospital. There were witnesses to the defendant’s driving before the accident, as well as to the accident itself.

Colorado State Patrol Trooper Conrad Sandoval was working in Adams County when he was dispatched to the scene of the accident. He arrived to find fire and ambulance personnel, a damaged car, and a damaged motorcycle. The parties who had been riding the motorcycle both sustained injuries and were already being treated by fire department personnel when Sandoval arrived. Sandoval helped transport the defendant to the ambulance, but he and the defendant did not make any statements to each other at the time. Sandoval testified that he did not learn the identity of the two injured parties until later.

Trooper Sandoval took statements from three witnesses who had seen the driving and the events leading to the accident. Witness Leigh told the officer that the motorcycle had passed him on 1-25 at a speed of ninety to 100 mph, followed closely by a Datsun 280Z. The motorcycle and Datsun exited 1-25 at 58th Avenue, and Leigh followed them. When Leigh reached the intersection at 58th Avenue, the motorcycle had already collided with a Pontiac and the Datsun had left the scene. Witness Raymond told Sandoval that when he was passed by the motorcycle and Datsun on 1-25, they were traveling at ninety to 100 mph, driving about twenty-five feet apart. He saw them exit at 58th Avenue, but did not say whether he had witnessed the accident. Witness Lee had been stopped at the red light in the right lane on 58th Avenue when he saw the motorcycle make a left turn through the intersection against the red light, at a speed of about forty-five mph. Lee saw the motorcycle collide with a Pontiac which was traveling through the intersection on a green light. The driver of the Pontiac, Dan Trujillo, told Sandoval that he was traveling westbound on 58th Avenue and did not see the motorcycle turn in front of him; he just “felt a bang against his car.”

[45]*45The witnesses were in agreement that the Datsun never made physical contact with either the Pontiac or the motorcycle. Witnesses Lee and Raymond attempted to stop the driver of the Datsun, but were unable to detain him until law enforcement personnel arrived.

After the defendant and his passenger were transported from the scene by ambulance, Sandoval investigated the damage to the vehicles and the location and length of the skid marks. Based on his investigation, he determined that the physical evidence was consistent with the statements given to him by the three witnesses and the driver of the Pontiac.

After completing his on-the-scene investigation Sandoval drove to St. Anthony’s Hospital, where the staff directed him to the emergency room where the defendant was waiting for surgery. When he found the ward, Sandoval identified himself to Milhollin as the trooper investigating the accident at 1-25 and 58th Avenue. Sandoval asked the defendant if he was the driver of the motorcycle; the defendant stated that he was. Sandoval was in uniform and wearing a gun, but he testified that he never took out his gun or made any threats or promises. He also testified that that at no time did he place Milhollin under arrest.

At this point, Sandoval noted that Milhol-lin was conscious and had bloodshot eyes and the odor of an alcoholic beverage on his breath. Sandoval advised him of the charges against him, and his Miranda rights. Sandoval read each right to him from an advisement of rights form, completing the form as he spoke. This form was admitted into evidence at the motions hearing and confirmed that Sandoval advised the defendant that he was under investigation for the traffic offenses of speed contest, reckless driving, and violation of a red signal light. The defendant indicated to Sandoval that he understood and waived his Miranda rights, and did not want an attorney. However, when Sandoval asked him to sign the advisement of rights form, Sandoval testified that the defendant “said a partial sentence: ‘Why don’t you wait until I’m halfway ...’ and that was all he said.” In response to this statement by Milhollin, Sandoval terminated his questioning.

Based on his observation of the defendant at the hospital, Sandoval determined that Milhollin should also be investigated for driving under the influence of alcohol. Because he suspected that an alcohol-related offense may have occurred, Sandoval testified that he orally advised Milhollin that he was under investigation for driving under the influence pursuant to Colorado’s “express consent” law.1 This charge was not written on the advisement form. He offered Milhollin the choice between a blood or breath test. Sandoval did not complete or use a standard “Express Consent” revocation notice form. Sandoval testified: “I advised him of the investigation, that he had an odor of an alcoholic beverage on his breath, in my reasoning; and I offered both tests to him.” The defendant selected a blood test, and stated to Sandoval: “I have had three beers since 7:00 p.m.” A blood sample was drawn by a phlebotomist a short time later; it had been two to two and one-half hours since the accident.

These events occurred on October 25, 1986. On December 12, 1986, the defendant was charged with one count of vehicular assault, section 18-3-205,2 8B C.R.S. [46]*46(1986), a class 5 felony. The defendant filed a motion to suppress the results of the blood test, and a motion to suppress his statements to Sandoval at the hospital. The trial court held a hearing on the motions. After hearing testimony, the trial court issued a written order suppressing the blood test results and suppressing the defendant’s pre-Miranda affirmative response to Sandoval’s query whether he was the driver of the motorcycle. Sandoval’s post-MVcmefo statement regarding his consumption of the three beers was not suppressed. The prosecution filed this interlocutory appeal from the suppression order.

II.

The trial court suppressed the blood test results under two theories. First, the court held that the extraction of blood was unlawful because the defendant was not under arrest at the time. Second, the court held that there was not a “clear indication” of intoxication justifying the extraction of blood.

A.

In holding that blood cannot legally be drawn from a person who is not under arrest, the trial court relied on People v. Williams, 192 Colo. 249, 557 P.2d 399 (1976).

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Bluebook (online)
751 P.2d 43, 12 Brief Times Rptr. 224, 1988 Colo. LEXIS 30, 1988 WL 7825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-milhollin-colo-1988.