People v. Ortiz CA4/3

FACTS

Mark Magrann is an officer with the California Highway Patrol. On February 28, 2013, he was assigned to traffic control with a special assignment to enforce the speed limit and carpool violations and in assisting with calls on the 55 Freeway. At just before 9:00 a.m., he was in the City of Orange stopped on the right shoulder of the southbound 55 Freeway near Chapman Avenue. Traffic was moderate to heavy. Magrann was standing next to his motorcycle assisting in a traffic collision investigation when he observed a black sports utility vehicle (SUV) swerve onto the shoulder, and pass three vehicles at a high rate of speed and then quickly cut right back into the No. 4 lane. Magrann took chase. The SUV crossed over to the carpool lane, and then to the center divider. At trial, Magrann estimated the SUV was traveling at a speed of “well over 100 miles an hour.” Magrann observed the SUV hit the center divider and “spin 180 degrees.” As he approached the site, Magrann saw defendant get out of the vehicle from the driver’s door. Defendant ran across the freeway to the right shoulder, and Magrann gave him voice commands to stop. Traffic on the freeway had stopped. But on the right…