P. v. Ryan
Filed 6/19/06 P. v. Ryan CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JOHN RICHARD RYAN, Defendant and Appellant. | H028126 (Santa Clara County Super. Ct. No. CC446773) |
Defendant John Richard Ryan was convicted at jury trial of reckless driving while evading police (Veh. Code, § 2800.2, subd. (a), a felony, count 1),[1] two felony and two misdemeanor drug offenses, and misdemeanor resisting arrest. His major claim on appeal is that count 1 must be reversed because subdivision (b) of section 2800.2 requires the trier of fact to assume the existence of the intent element of the offense upon proof that the defendant committed three or more one-point traffic violations. He complains that this creates an unconstitutional mandatory presumption in violation of the due process guarantee of the Fifth and Fourteenth Amendments to the United States Constitution. FACTS
Around 12:30 a.m. on March 13, 2004, uniformed Campbell Police Officer Ian White and his uniformed field training officer Dave Mendez were on patrol in a marked police unit when White saw an approximately 20-year-old tan BMW stopped at a red arrow waiting to turn onto San Tomas Expressway from Hamilton Avenue. The brake lights were illuminated as the BMW waited at the red arrow, but when the driver, later identified as defendant, started onto the expressway, the bright red lights did not go off. White was directly behind the BMW about five feet away. White followed the car for about a quarter mile to see if there was a reason the brake's bright lights did not go off. He continued to follow the BMW as it went at the speed limit, 45 miles per hour, through the Campbell Avenue intersection. Right after that intersection, White turned on his solid, forward-facing red light, intending to stop defendant and issue a fix-it ticket. The BMW started moving to the right, and White assumed it was pulling over, but when it got into the â€
