Bergeron

Defendant seeks a writ of prohibition to enjoin respondent court from taking further proceedings in the trial of defendant on an information charging him with possession of marijuana. Defendant’s motion under section 1538.5 of the Penal Code to suppress the use of the contraband as evidence was denied.

The motion to suppress was submitted on the transcript of the preliminary hearing. The facts may be summarized as follows: About 12:40 a.m. Officer Turner of the Highway Patrol observed defendant’s Volkswagen southbound on the San Diego Freeway traveling at high speed. Defendant was in lane 2, the lane next to the inside lane of the five southbound lanes of the freeway. After pacing defendant for about one mile at 75 miles per hour and noting that defendant was gradually pulling away, Turner got behind defendant and turned on his red light. Defendant slowed down to 65 miles per hour and pulled over to the third lane. At this time Turner’s partner flashed a white spotloght on the rear window of defendant’s vehicle. Defendant continued in the third lane at a speed of approximately 65 miles per hour for about one-quarter mile before he applied his brakes. During this period…