Valencia

FACTS AND PROCEDURAL BACKGROUND

On September 11, 2013, at 1:40 a.m., California Highway Patrol Officer Brian Seel was

on patrol in Riverside with another officer when they conducted a traffic stop on a car they had

seen run a red light, make a wide turn, and straddle the dividing line between two lanes. Officer

Seel contacted the driver, defendant, who had his window down about two inches, but refused to

roll the window down farther upon the officer’s request. Officer Seel noticed several physical

signs that defendant was intoxicated: the odor of alcohol; extremely red and watery eyes; and

slurred, jumbled, and repetitious speech. The two officers asked defendant numerous times to

get out of the car, but defendant refused. An officer finally reached through the partially opened

passenger window and unlocked the doors. Officer Seel opened the driver’s door and defendant

eventually got out.

An overwhelming odor of alcohol came from defendant’s car, but defendant denied

drinking. Defendant was very unsteady on his feet–he stumbled, had to hold onto the car door

for support as he got out, was unable to walk in a straight line, continually swayed, and had to

move his feet…