Arthur

Arthur v. Department of Motor Vehicles

Good Law
109 Cal. Rptr. 3d 384·184 Cal. App. 4th 1199·2010 Cal. App. LEXIS 712
Court of Appeal of CaliforniaApril 22, 2010D055494California2,927 words

Opinion

Opinion

McCONNELL, J.

Christopher Arthur appeals a judgment denying his petition for a writ of mandate to set aside the Department of Motor Vehicles (DMV) suspension of his driver’s license for driving with a blood-alcohol content of 0.08 percent or greater. (Veh. Code, § 13353.2, subd. (a)(1).) Arthur challenges the sufficiency of the evidence to support the trial court’s finding that the sobriety checkpoint at issue was in substantial compliance with the factors set forth in Ingersoll v. Palmer (1987) 43 Cal.3d 1321 [ 241 Cal.Rptr. 42 , 743 P.2d 1299 ] (Ingersoll), and was thus constitutional. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On July 6, 2007, Officer Benjamin McCurry of the San Diego Police Department (SDPD) was one of several officers assigned to staff a sobriety checkpoint located in the 4300 block of West Mission Bay Drive in San Diego. The checkpoint began operating at 9:00 p.m., and was terminated on July 7 at approximately 2:27 a.m. Around 1:00 a.m., Arthur drove his car into the checkpoint lanes, which were identified by traffic cones. Before reaching the officers, Arthur, who had been drinking, tried to turn out of the checkpoint lanes to avoid the…

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