Carter
People v. Carter
Opinion
Opinion
Roth, J.
We transferred this matter from the Appellate Department of the Superior Court, County of Los Angeles, to secure uniformity of decision and to settle an important question of law concerning the pretrial appealability and propriety of an order made in connection with a motion to suppress the results of field sobriety tests and chemical breath tests in a prosecution for driving a motor vehicle in violation of Vehicle Code section 23102.
We view the evidence in the light most favorable to the order denying suppression as is required by the familiar rule governing appellate review. (People v. James (1977) 19 Cal.3d 99, 107 [ 137 Cal.Rptr. 447 , 561 P.2d 1135 ].) Officer Charles M. Smith of the California Highway Patrol was on routine patrol when he observed a Corvette weaving from lane to lane and braking and slowing during the maneuvers. On one such occasion, the Corvette almost struck a Ford Pinto automobile. Smith was of the opinion that the driver of the Corvette, later identified as appellant herein, had made an unsafe turning movement in violation of the Vehicle Code. He effected a traffic stop and approached appellant as he sat in the Corvette. Officer Smith apprised…