People v. Schoen CA2/6

Facts and Procedural History On December 5, 2010, Park Rangers Brian Lincoln and Katharine Wilson observed appellant driving on Las Posas Road. It was dark and raining. Appellant crossed the double yellow line and drove about 200 feet on the wrong side of the road. Appellant drifted back into his lane, drove over the fog line, and crossed over to the wrong side of the road for a couple of seconds. When Ranger Lincoln activated his siren and red lights, appellant jerked to the side of the road, stopped abruptly, and almost caused a collision. Appellant's pupils were constricted and his speech was slow and slurred. Appellant said there was "weed" in the vehicle and he had a glass pipe and marijuana on his person. Another glass pipe with residue was in the center console and an empty bottle of Oxycotin was on the back seat. After appellant failed the field sobriety tests, a California Highway Patrol (CHP) officer arrived at the investigation scene. Ranger Lincoln told the officer that appellant was displaying all the signs and symptoms of driving impairment but was zero on the alcohol a preliminary alcohol screening device (PAS). The CHP officer took appellant's pulse,…