People v. Martinez CA2/6

STATEMENT OF FACTS

Paul Badell and Kaitlin Raley were driving in Pomona one night when another driver ran a red light and "cut [them] off[.]" The other driver, whom Badell and Raley later identified as appellant, ran another red light and "swerved" into a gas station.

1 Unless otherwise noted, all further statutory references are to the Vehicle Code. As Raley called 911 to report the incident, Badell pulled into the gas station and parked near appellant's vehicle. A few minutes later, Badell and Riley saw appellant get out of his vehicle and "stumble[]" into the gas station's convenience store. No one else was in appellant's vehicle. When the police arrived several minutes later, appellant was "stumbling" out of the store with his keys in his hand. The police stopped appellant as he was opening the driver's side door of his vehicle. He exhibited signs of intoxication and refused to submit to a blood or breath test. He claimed a friend had been driving but was unable to provide a name. A computer check revealed his license was suspended. He was arrested and taken into custody. Appellant's fiancée, Jennifer Rojo, testified in his defense. Rojo said she was…