Hixon
Hixon v. Shiomoto CA2/8
Opinion
Opinion
Grimes, J.
BACKGROUND
I. DUI Arrest
On April 16, 2014, at approximately 3:50 a.m., CHP Officer J. Gonzalez was patrolling West Los Angeles in a marked patrol car. Officer Gonzalez noticed plaintiff’s car driving northbound on Overland Avenue, in the right turn lane toward Interstate 10. Plaintiff “straddle[d]” the number three lane for approximately 10 seconds. Plaintiff then entered the number three lane and stopped at a red light. When the light turned green, plaintiff continued northbound on Overland Avenue. Plaintiff was driving “in a serpentine manner within” his lane. As plaintiff approached Pico Boulevard, he again changed lanes, and then “straddled the solid yellow lines delineating the southbound lanes from the northbound lanes.” Officer Gonzalez initiated “an enforcement stop for the observed violations” and plaintiff pulled over at the corner of Overland and Tennessee Avenues. When Officer Gonzalez contacted plaintiff, he noticed a strong odor of alcohol coming from plaintiff’s car. Plaintiff’s eyes were red and watery, and his speech was slurred. Officer Gonzalez asked plaintiff to exit his vehicle, and smelled a strong odor of alcohol coming from plaintiff’s person.…