McHugh

Stephen McHugh pleaded guilty to a series of charges after the court denied his motion to suppress evidence of the results of his blood-alcohol test. On appeal, McHugh asserts this evidence should have been suppressed because it was obtained as a result of an improper stop, and the blood draw was improper.

I

FACTUAL BACKGROUND

A. The Arrest

At approximately 9:30 p.m. on April 30, 2002, Officer Rossi of the San Diego City Schools Police Department was driving home in the marked patrol car he used for his work. As he drove northbound on Interstate 15, Rossi saw a car, driven by McHugh, speed past him on his right. The speeding car changed lanes and moved in front of him. Rossi regularly monitored traffic on his way home and issued tickets. Rossi knew McHugh was driving in excess of the posted speed limit, and paced McHugh’s car to determine if he was driving excessively fast. Rossi determined McHugh was driving 90 miles per hour.

Rossi, who was driving to the rear of McHugh, flashed his bright lights to induce McHugh to slow to the speed limit, which he did not. Rossi turned on his siren and overhead lights, and used his spotlight to illuminate the interior of McHugh’s…