People v. Tidwell CA3

I. BACKGROUND

At around 9:00 p.m. on May 27, 2023, a police officer was dispatched to an area near a grocery store based on a 911 call for service regarding a drunk driver. The 911 call, which is detailed in Part II.B.2 post, was played for the jury. When the officer arrived, she saw an SUV that appeared to match the caller’s description. About five people were standing next to it. When the officer pulled into the parking lot, several of those people walked toward the sidewalk and defendant got into the driver’s seat of the SUV. A video taken from the officer’s car was played for the jury. It shows that after the officer pulled in behind defendant, defendant’s red taillights illuminated, and he drove forward several feet. The officer followed and briefly turned on her siren. Defendant continued driving slowly for a few more feet before stopping and getting out of the SUV. The officer noticed defendant “had bloodshot, watery eyes” and walked with “an unsteady gait.” She could “smell the odor of an alcoholic beverage coming from his person.” The officer explained, based on her training and experience, that these were objective signs of intoxication. A second officer arrived and…