Freitas

FACTS AND PROCEDURAL HISTORY

According to the police report, Officer Bright of the California Highway Patrol saw Freitas’s truck speeding at 10:10 p.m. on July 13, 2013. The truck was weaving between lanes and moving at 65 miles per hour on a street with a 45-mile-per-hour speed limit. It continued after Bright turned on his siren and flashing lights. Instead of stopping, the truck made three turns and then pulled into Freitas’s driveway. It rolled backward in the driveway. Finally it stopped and Freitas got out. He stood unsteadily, smelled strongly of alcohol, and had red eyes and slurred speech. Bright administered four field sobriety tests. Freitas performed poorly. On the horizontal gaze nystagmus test, he had difficulty keeping his eyes on the stimulus. On the Romberg balance test, his 30-second time estimate was close to correct, at 31 seconds, but he swayed three to four inches side to side as well as forward and backward. During the one-leg-stand test, he was very unsteady. He swayed, dropped his foot twice, and hopped and stumbled twice. At that point, he admitted he had had too much to drink to be driving. During the walk-and-turn test, Freitas failed to keep his…