Noia

The Department of Motor Vehicles suspended the driving privilege of Richard Noia for six months pursuant to Vehicle Code section 13353 after Noia was arrested for drunk driving and refused to submit to a chemical test for blood alcohol. Noia appeals a judgment of the superior court denying a peremptory writ of mandate to compel the department to set aside the suspension, He contends he was not lawfully arrested, that the arresting officer did not have probable cause to believe he was driving a motor vehicle upon a highway.

The facts are undisputed: On the evening of 7 January 1972 Highway Patrolman David Chappell saw an automobile, which appeared to contain only its male driver, weaving erratically at speeds varying from 30 to 50 miles per hour on the Angeles Crest Highway. Chappell followed the automobile for half a mile and then turned on his red light. When the automobile continued on Chappell flashed his high beams and blew his horn. After continuing for a short distance more the automobile pulled into the driveway of a house and drove behind its detached garage. Chappell pulled into the driveway, got out of his patrol car, and walked up the driveway behind the…