Fox

ORDER DENYING MOTION FOR JUDGMENT OF ACQUITTAL

Defendant was tried on charges of violating 36 C.F.R.. § 1004.23(a)(1), driving under the influence of alcohol, 36 C.F.R. § 1004.23 (c)(2), refusal to submit to a test, and 36 C.F.R. § 1004.21 (c), speeding. At trial, United States Park Police Officer Smith testified that she was stationed in her patrol car at the intersection of Lincoln Avenue and Bowley Street in the Pre-sidio which is policed by the Park Police, when she observed defendant’s car proceeding south down Lincoln at a high rate of speed. As the defendant’s car approached her, Officer Smith, using a radar gun, clocked defendant as traveling well in excess of the posted speed limit. Officer Smith then signaled to defendant to pull over by activating her flashing lights, and began to follow defendant. Instead of pulling over, defendant drove on for about two hundred yards, left the Presidio and came to a stop on 25th Avenue just past its intersection with El Camino Del Mar and about one block outside the Presidio.

Officer Smith further testified that after she approached the car and asked for defendant’s driver’s license, she observed signs of intoxication and had…