Post v. Gutierrez

Filed 5/17/06 Post v. Gutierrez CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

The California Department of Motor Vehicles (DMV) suspended the driver's license of William Noble Post II, after his arrest for driving under the influence of alcohol. Chon Gutierrez, Director of the DMV, appeals from a judgment of the superior court granting Post's petition for a writ of mandate setting aside the suspension. We reverse.

BACKGROUND

On August 20, 2004, around 10:15 p.m., California Highway Patrol (CHP) Officer K. Burrage observed Post's vehicle swerving across the northbound lanes of Highway 101. Officer Burrage saw Post's car repeatedly straddle the number one and two lanes at speeds varying between 50 and 60 miles per hour. Officer Burrage positioned his patrol motorcycle directly behind Post's car and activated the emergency lights. Post continued to drive, causing Officer Burrage to activate the siren. Even after the siren was activated, Post's car continued to swerve from side to side. Officer Burrage then activated the siren and air horn. However, Post did not stop and continued driving northbound. Eventually, Post exited the freeway at the Central San Rafael off ramp. He continued to drive on several streets, all the while being followed by Officer Burrage. Post eventually stopped his car in the parking lot of a fast-food restaurant. While speaking to Post through the driver's side window, Officer Burrage noticed Post's speech was â€