People v. Le CA4/3

FACTS

1. Arrest Around 4:30 p.m. on January 23, 2012, Anaheim Police Officers Trang Pham and Kevin Pedrosa saw Le sitting in the driver’s seat of a car stopped at a stoplight. Le did not immediately proceed through the intersection when the light turned green. Pham noticed Le’s hesitation, and the two officers drove ahead and waited for Le. When Le drove by the officers, they pulled in behind him and activated their overhead lights.

2 It took a few minutes for Le to pull over. Pedrosa testified, “there was this like stop and go kind of thing inside the parking lot. It was several minutes of that before he finally decided he was going to stop for us.” Pham testified that he believed Le was simply not paying attention. After 10 minutes, Le finally stopped his car. When Pham and Pedrosa approached Le’s car, they noticed that Le was slumped over to his right and appeared to be passed out. His eyes were closed and he was motionless. When Le opened his eyes, they were red and droopy, his speech was slurred, and he mumbled when he tried to talk. Le staggered out of his car, and had to use the car for support. Pedrosa helped walk Le to a nearby curb and asked him to sit down. When he…