People v. Williams

NICHOLSON, Acting P.J.

Defendant Steven Vaughn Williams appeals his conviction by jury of driving while under the influence of alcohol and while his driving privileges were suspended. Evidence was admitted at trial of the results of a field sobriety test known as a Preliminary Alcohol Screening ("PAS") test. Defendant claims the results of his PAS test were (1) inadmissible as substantive evidence of intoxication; (2) inadmissible because the test was not administered in compliance with governing state regulations; and (3) prejudicial and should have been excluded under Evidence Code section 352. Although admitting the PAS test results was error in this instance due to the number and magnitude of regulatory violations, we conclude the error was harmless and affirm the judgment.

An information filed January 7, 1998, charged defendant with committing the following crimes:

Count 1: Driving under the influence (Veh.Code, § 23152, subd. (a)). [1] In addition, defendant had suffered three prior convictions for driving under the influence, one in 1991 and two in 1997, within the meaning of former section 23175;

Count 2: Driving while privileges suspended (§ 14601.5, subd. (a)). In…