People v. Kegel CA4/3

FACTS & PROCEDURE

Prosecution Evidence In January 2012, California Highway Patrol Officer Carina Baldridge and her partner, Officer Joshua Nelson, were on patrol on the Interstate 5 freeway at about 2:38 a.m., when they saw Kegel’s car weaving in and out of its lane. The officers activated the patrol car’s flashing lights to stop Kegel. Kegel did not immediately respond. Five seconds would be a normal response time at night. Kegel continued to weave down the freeway for about 30 seconds, missing the first exit, before finally slowing down and exiting the freeway in accordance with Baldridge’s verbal directions given over the patrol car’s public address system. Baldridge approached Kegel’s car and spoke to him. She noticed Kegel’s eyes were red and watery, and he emitted a strong odor of alcohol. Nelson similarly noticed a strong alcohol odor coming from Kegel. Kegel was able to produce his California identification card and car registration without difficulty, and got out of his car at the officers’ request. In response to Baldridge’s questions, Kegel said he drank one

2 whiskey and Coke at a bar, beginning about one hour earlier and finishing the drink about 30 minutes earlier.…