People v. McClintock CA5

FACTS

The Trial During the trial in this matter, California Highway Patrol (CHP) Sergeant Shaun Crosswhite testified that on April 7, 2012, at approximately 1:00 a.m., he was on patrol traveling north on Highway 99 in Bakersfield when he observed a car driven by McClintock drift from one lane into another. Crosswhite followed McClintock off the freeway and saw the left side of McClintock’s car travel over the “gore point” that divided the main highway from the off ramp. As it continued to travel on the surface streets, McClintock’s car drifted out of its lane and within its own lane. Crosswhite activated his overhead lights and, after passing F Street, he activated his siren but the car did not stop until it made a right turn onto M Street. Crosswhite contacted McClintock through the driver’s window and noticed a strong odor of alcohol in the car. CHP Officer Jeremiah Bridges arrived on the scene and had McClintock exit the car. McClintock nearly stumbled as he exited the car and his gait was unsteady as he walked to the rear of Bridges’s patrol car. Bridges also noticed that McClintock had a strong odor of alcohol on his breath, his eyes were red and watery, his speech was…