Coffey

FACTS

At 1:32 a.m. a California Highway Patrol officer observed Coffey‟s car weaving in and out of lanes on the freeway. The officer positioned his vehicle behind Coffey‟s and activated the emergency lights. Rather than pull over to the right, Coffey began veering to the left, eventually changing from the number two lane to the number one lane. The officer then activated his siren in an attempt to get Coffey to yield to the right, but Coffey began to veer further to the left into the carpool lane. The officer then

2 used his vehicle‟s public address system to advise Coffey to pull over to the right. Coffey eventually slowed down and pulled over. Upon making contact, the officer immediately noticed a strong odor of alcohol emitting from Coffey‟s vehicle. Coffey denied having consumed alcohol. A second officer arrived to perform FST‟s. He immediately smelled the odor of alcohol emitting from Coffey‟s person and observed Coffey‟s red, watery eyes. In performing the horizontal gaze nystagmus test, Coffey displayed a lack of smooth pursuit in both eyes. In performing the walk and turn test, Coffey missed the heel-to-toe on five of the nine steps, turned clockwise instead of…