ARBURN

Dennis Alan Lempert, Neah Huynh, Santa Clara, Plaintiff and Respondent.

MIHARA, Acting P.J.

Following an administrative hearing, appellant Department of Motor Vehicles (the DMV) suspended respondent Jeffrey J. Arburn's driving privileges for one year for driving a motor vehicle while under the influence of alcohol. (See Veh.Code, §§ 13353.2, 13353.3, subd. (b)(2).) [1] The superior court granted Arburn's subsequent petition and issued a writ of mandate directing the DMV to set aside the suspension. On appeal, the DMV contends the superior court erred in reversing Arburn's suspension on the grounds that the arresting officer did not have reasonable suspicion to stop Arburn's vehicle. We agree and reverse.

On March 31, 2005, at approximately 5:00 p.m., San Jose Police Officer Lira was stopped at a stop sign eastbound on Forest at the Bascom Avenue intersection. [2] Turning to his left, Officer Lira saw Arburn's "vehicle weaving, S/B Bascom Ave. and almost hit the curb." Arburn's vehicle was "weaving in Lane # 2," and was "traveling at about the speed limit" when it "almost hit the west curb of Bascom Ave." Officer Lira pulled behind the vehicle as it passed in front of him and…