Harris

Plaintiff appeals from a judgment of dismissal entered after the trial court granted defendant’s motion for nonsuit. We affirm.

Facts

On the evening of October 21, 1978, Matthew McNamara and John Alexander were returning home from Lake Tahoe traveling west on Highway 50. After determining they were proceeding at a speed of 72 miles per hour, El Dorado County Deputy Sheriff David Kreps stopped their vehicle. Officer Kreps issued a ticket to McNamara, the driver, for speeding.

Officer Kreps detected the odor of alcohol on McNamara’s breath, and learned he had been drinking at a casino. McNamara had no difficulty showing his driver’s license to Kreps, and his speech was clear. Kreps admin istered three field sobriety tests to McNamara: the finger count, the standing balance, and either the finger to nose coordination or another standing balance test. McNamara performed “very well” on the tests, passing all of them. He had no difficulty exiting his vehicle for the tests or entering after completion. McNamara’s eyes were clear and normal, but the officer did not notice his pupils. Kreps believed he lacked probable cause to arrest McNamara for drunk driving.

Nine minutes…