Lunsford v. Dept. of Motor Vehicles CA5
On January 4, 2020, Valdovinos observed a vehicle (later identified as appellant’s) struggling to maintain its lane near Coffee Road, south of Rosedale Highway in Bakersfield. Specifically, the officer observed appellant’s vehicle drift to the right and into another lane and then later veer to the left and again into another lane. Valdovinos initiated an enforcement stop because of appellant’s unsafe lane changing and straddling (§ 21658, subd. (a)).
Appellant exhibited signs of intoxication during his initial contact with Valdovinos. He was unsteady on his feet, had red, watery eyes, and he smelled like alcohol. Valdovinos asked appellant if he consumed any alcohol and appellant replied he drank a margarita. Appellant underwent a series of field sobriety tests, but he refused to complete a preliminary alcohol screening (PAS) test.
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