Taxara
Taxara v. Gutierrez
Opinion
Opinion
Robie, J.
After Stephanie J. Taxara failed a breath test, the Department of Motor Vehicles (DMV) suspended her driver’s license. In this administrative mandate proceeding, the trial court directed the DMV to set aside the suspension because the administrator of the breath test had not continuously observed Taxara for 15 minutes before the test. On the DMV’s appeal of that mling, we conclude California Code of Regulations, title 17, section 1219.3, (hereafter regulation 1219.3) does not require a single person to observe the breath test subject for 15 minutes prior to the test. Therefore, we will reverse the judgment and remand the case to the trial court for further proceedings.
FACTUAL AND PROCEDURAL HISTORY
At around 9:38 p.m., on March 15, 2001, Sergeant Chris Reams stopped Taxara for failing to stop at a stop sign and speeding. Reams smelled alcohol on Taxara’s breath and observed Taxara’s unsteady gait, slurred speech, and red, watery eyes. Taxara performed poorly on a series of field sobriety tests. Accordingly, Reams arrested Taxara for driving under the influence of alcohol and transported her to the Auburn police station.