People v. Realmuto CA4/1

STATEMENT OF FACTS AND PROCEDURE1

In December 2012, appellant was stopped by CHP officers who observed him

driving at about 65 to 70 miles per hour and noted sparks and debris coming from the left

front tire area of his vehicle. Upon contacting appellant, they noted several symptoms

consistent with alcohol consumption including the smell of an alcoholic beverage, red

and watery eyes, the inability to provide intelligible answers to questions and difficulty

Because there was no preliminary hearing the facts are derived from the probation report.

2 staying awake. The officers also noted damage to the front of appellant's vehicle.

Following a nonconsensual blood draw, appellant's blood alcohol content was determined

to be .16.

After pleading guilty and being placed on probation, appellant was arrested at his

home in January 2016 for violating the following terms and conditions of his probation:

possessing a controlled substance; driving while his license was suspended; and failing to

submit to drug testing when requested. Methamphetamine, marijuana and drug

paraphernalia were located at appellant's home when probation officers…