People v. Martin CA3

FACTS AND PROCEEDINGS

The following is a summary of events occurring on January 24, 2012, and August 3, 2012, culminating in charges that were consolidated for purposes of trial.

1. January 24, 2012

On the evening of January 24, 2012, while at a gas station in Georgetown, Max and Gail Archer observed defendant as he pumped gas into his white Ford Explorer and then attempted to find his missing keys. The Archers called 911 because defendant was mumbling, acting “erratic,” and staggering a bit, and appeared to be intoxicated. According to Jim Miller, the owner of the gas station, defendant seemed “a little shaky,” had “slurred speech,” and smelled of alcohol. El Dorado County Deputy Sheriff Eddie Freas was sent to the gas station and arrived at approximately 7:30 p.m. He spoke with defendant, who had bloodshot, watery eyes and slurred speech and was “extremely unsteady on his feet,” nearly losing his balance and falling as he walked outside of the station to talk with Freas. California Highway Patrol Officer Kevin Bliss arrived at the gas station at approximately 8:15 p.m. He noticed defendant had red, watery eyes and a strong odor of alcohol on his breath, and was unstable…