In Re Justin K.

Following the denial of his motion to suppress, Justin K. admitted driving under the influence of alcohol. He contends his due process rights were violated because the prosecution did not file written opposition to his motion. He also contends his motion had merit. We disagree with both contentions and affirm the judgment.

On the evening of March 18, 2000, Tustin Police Officer Mark Sauerwein noticed Justin driving a 1988 Buick Regal. Although the two brake lights above the bumper of the car were working, the third brake light located in the rear window was not. Because of this, Sauerwein pulled Justin over for an “equipment violation.” During the stop, Justin exhibited several symptoms of intoxication. He also failed a field sobriety test, admitted drinking a large quantity of alcohol, and blew a .17 on his breath test.

The prosecution charged Justin with driving under the influence of alcohol and driving with a blood-alcohol level of .08 percent or more. Before trial, Justin moved to suppress the evidence of his intoxication on the ground Sauerwein lacked justification to stop his vehicle. He acknowledged the third brake light on his car was not working, but he…