Munsey

Virginia Alice Munsey (defendant)! appeals from an order granting probation upon her plea of guilty to the possession of restricted dangerous drugs, in violation of Health and Safety Code section 11910, after her motion under Penal Code section 1538.5 had been denied.

A second charge of violating Vehicle Code section 23106 was dismissed when she pleaded guilty to the first count.

At approximately 2:35 a.m. on August 17, 1969, as a California Highway Patrol vehicle was being driven southerly on Interstate 5 by Officer McDermott (McDermott), who was accompanied by Officer Roger Leon Nezet (Nezet), the vehicle was passed by a southbound car driven by defendant in the traffic lane to the left of the patrol vehicle.

In passing the patrol vehicle, defendant’s car traveled at a speed of 70 miles per hour. Defendant’s car, drawing up behind another car in the same lane, moved therefrom into the same lane as the patrol vehicle and confined on, gaining speed until it was going at 75 to 78 miles per hour; it also weaved from one side to another of the traffic lane from two to five times.

The prima facie speed limit in that section of the freeway was 65 miles per hour.

McDermott…