Joseph

I. FACTUAL AND PROCEDURAL BACKGROUND

On the evening of August 14, 2012, at approximately 11:24 p.m., a police officer

pulled Joseph over after observing him driving the wrong way on a one-way street. On

that date, Joseph was under the age of 21. The officer observed Joseph’s eyes to be

bloodshot and watery, and detected a mild odor of alcohol emitting from his breath and

person. Joseph told the officer that he had not been drinking.

2 The officer administered two PAS tests.1 The first, administered at 11:30 p.m.,

indicated a BAC of 0.771 percent. The second, performed with a different machine of

the same type 15 minutes later, indicated a BAC of 0.081 percent.

Joseph was cited for violating Vehicle Code section 23136 by driving a vehicle

while under 21 years of age and with a BAC of 0.01 percent or greater, driving the wrong

direction on a one way street, and for not having proof of insurance. He was also served

with an “Administrative Per Se Suspension/Revocation Order And Temporary Driver

License” (APS order) based on the results of the PAS tests. The APS order notified

Joseph that his driving privileges would be suspended for one year or revoked for two or

three…