People v. Morrison CA3

BACKGROUND

On December 19, 2010, California Highway Patrol Officer Michael Walling was patrolling a section of freeway in San Joaquin County when he saw defendant, driving a pick-up truck, weaving from lane to lane and up onto the shoulder. Officer Walling initiated a traffic stop and defendant nearly crashed his vehicle as he was exiting the freeway.

1 Officer Walling approached defendant and asked to see his driver’s license. Defendant told Walling he did not have a driver’s license. Walling noticed defendant’s eyes were red and watery, his speech slurred, and the smell of alcohol was emanating from inside the truck. At Walling’s request, defendant stepped out of the truck; defendant admitted to drinking a bottle of wine. Defendant was arrested and subsequently charged with driving under the influence (Veh. Code, § 23152, subd. (a)),1 driving with a blood-alcohol level of 0.08 percent or higher (§ 23152, subd. (b)), and driving with a license that was currently suspended for driving under the influence (§ 14601.2, subd. (a)). It was further alleged defendant had three prior convictions for driving under the influence. (§ 23550.) Defendant moved to suppress evidence obtained at…