Chantry

BACKGROUND

There is no dispute in this case about the propriety of considering the arresting officer’s report in reviewing DMV’s decision to suspend Chantry’s driver’s license and in the appeal of trial court’s judgment. (MacDonald v. Gutierrez (2004) 32 Cal.4th 150, 152-153; Lake v. Reed (1997) 16 Cal.4th 448, 462, 467-468.) Accordingly, we draw the following facts from the arresting officer’s sworn DS 367 statement and his unsworn investigation report. At approximately 1:20 a.m. on June 19, 2011, a California Highway Patrol officer observed a red Chevrolet Corvette driving at a high rate of speed on Green Valley Road in El Dorado County. The officer followed the car and, using radar, determined that the car was travelling at 71 miles per hour in a 55 mile per hour zone. The officer stopped the Corvette. Chantry was driving the car. When the officer contacted Chantry through his driver’s side window, he detected an odor of an alcoholic beverage coming from the car. Chantry’s eyes were watery. The officer asked Chantry to step out of the car. In talking with Chantry, the officer continued to smell alcohol on Chantry’s breath and person. Chantry said he was driving from the El…