Hardacre

On October 27, 2001, defendant Jeffrey Hardacre was stopped by a California Highway Patrol Officer for speeding on Highway 9 in Santa Cruz County. Based on objective signs and failed intoxication tests, defendant was arrested and later charged with driving under the influence and driving with a blood-alcohol level greater than .08 percent in violation of Vehicle Code section 23152, subdivisions (a) and (b). A Santa Cruz County Superior Court Commissioner granted defendant’s Penal Code section 1538.5 motion to suppress evidence. The Commissioner held defendant’s initial stop for speeding was the result of an illegal speed trap and all evidence obtained thereafter was inadmissible under sections 40803 and 40804. The People appealed to the appellate division of the superior court, which reversed the order. Upon defendant’s application, the superior court certified the case for transfer to this court. We determined that transfer of the case appeared necessary to secure uniformity of decision and to settle important questions of law and ordered the matter transferred to our court for hearing and decision pursuant to California Rules of Court, rules 62 and 64(c)(1)(A).

We…