The People v. Nyland CA3

Good Law
Court of Appeal of CaliforniaSeptember 26, 2013C072923California854 words

Opinion

Opinion

BACKGROUND

Calaveras County Case No. 11F5198 In the early morning hours of July 3, 2011, law enforcement officers observed defendant speeding and driving erratically. The officers pulled their car behind him and activated their emergency lights; defendant sped off and then pulled into a parking lot. He got out of the vehicle and was met by Officer Chris Adams.

1 Defendant admitted to drinking seven beers within an hour of being stopped by Adams. Defendant failed a field sobriety test; his blood-alcohol content was later determined to be 0.15 percent. A search of defendant’s car revealed three open bottles of hard liquor, 2.72 grams of methamphetamine and drug paraphernalia. The following day, California Highway Patrol Officer D. Miller was sent to the scene of a single vehicle accident. Officer Miller arrived at the scene and found defendant sitting in a lawn chair next to the vehicle; defendant admitted to driving the vehicle. Defendant’s blood-alcohol content was .23 percent. Defendant was subsequently charged in case No. 11F5198 with possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possessing drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)), two…

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