Bellomo

Under rule 62 of the California Rules of Court, we here review a municipal court’s dismissal of a criminal proceeding based upon its decision suppressing all evidence of defendant John Bellomo’s potential guilt. It had been charged that Bellomo again had driven a motor vehicle while under the influence of alcohol or drugs after he had committed similar offenses on September 3, 1980, and December 26, 1980, respectively.

The determinative facts are not in dispute. At approximately 9 p.m. on October 29, 1982, Lewis Robinson, a Los Angeles police officer assigned to traffic enforcement, observed a vehicle driven by defendant when the officer passed within three to four feet of it on his motorcycle as he made a right turn from Van Nuys Boulevard onto Vanowen Avenue. This is a brightly lit intersection and the defendant’s car was the third in a line that waited on Vanowen facing a red traffic control signal.

The officer testified that when he first noticed defendant, “his hair was a little bit more a mess, his head was tilted to the left, and as I saw it resting on the window, and his eyes were—appeared to be closed.” He “thought it was very strange for the driver of the…