Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without it?

QUESTION PRESENTED FOR REVIEW (1) Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without it? (2) Whether defendant maybe convicted under the vehicular homicide and first vehicular negligence injury, when the accident would have occurred irrespective of his conduct or negligence? (3) Was the admission of the blood test results obtained without a consent or search warrant in violation of defendant's Fourth Amendment right against unreasonable searches and seizures, under Birchfield v North Dakota, 136 S.Ct.2160,195 L.Ed. 2D 560, 84 USLW 4493, 14 Cal. Daily Op. Serv, 6499