Volk
Volk v. United States
Opinion
Opinion
Breyer, J.
ORDER
This case comes on appeal by defendant Brian Christopher Volk from a conviction for driving under the influence of alcohol entered by Magistrate Judge Maria Elena James following a bench trial on September 16, 1998. For the reasons set forth below, the conviction is affirmed.
BACKGROUND
The following evidence was presented at trial:
During the evening of June 8, 1996, Officer Ronald West of the U.S. Park Police observed a jeep driven by the defendant traveling at a high rate of speed on Funston Boulevard in the Presidio of San Francisco. The defendant failed to stop at a posted stop sign at the northeast corner of Funston and Lincoln Boulevards, and turned northward onto Lincoln Boulevard. Officer West stopped the defendant and requested his driver’s license and registration, at which point he could detect the odor of alcoholic beverages emanating from the defendant’s breath and from inside the jeep. When he asked the defendant whether he had been drinking, the defendant responded, “Absolutely not. Say, partner, could you tell me how to find Union Street?”
After determining that the defendant’s license was valid and that there were no outstanding warrants for his…