Clarke

FACTS

On September 19, 2020, at approximately 4:30 p.m., a California Highway Patrol officer observed Clarke driving at a high rate of speed. Although the officer apparently did not suspect initially that Clarke was driving under the influence, after effecting a traffic stop the officer asked him standard DUI questions. In response, Clark acknowledged he had been at a golf tournament where he had consumed three to four beers between 10:00 a.m. and 12:00 p.m. The officer then administered a series of field sobriety tests and, based on the result of those tests and other factors, the officer concluded Clarke was driving under the influence and arrested him. Clarke’s first DMV APS hearing took place on January 20, 2021, before HO Rueda who ordered Clarke’s driver’s license suspended. On November 29, 2021, the trial court granted Clarke’s petition for a writ of mandate which overturned that suspension and remanded the case to the DMV for a new APS hearing with directions that Clarke be allowed to

3 present a defense to the allegation that he refused to complete a chemical test. Clarke’s second hearing was on September 14, 2022, before HO Wallace. Clarke stipulated that at the time…