People v. Mata CA5

STATEMENT OF THE CASE

An information charged Sergio Antonio Mata with driving under the influence, with three priors (Veh. Code,1 § 23152, subd. (a); count 1), driving with a blood alcohol level of 0.08 percent or higher, with three priors (§ 23152, subd. (b); count 2), and driving when privilege suspended, with priors (§ 14601.2, subd. (a); count 3). Counts 1 and 2 also contained a special allegation of driving with a blood alcohol level of .15 percent by weight and more (§ 23578). Defense counsel filed a motion to suppress, pursuant to Penal Code section 1538.5, subdivision (m), in which he argued that the traffic stop constituted an unfair detention. The motion was originally heard during the preliminary hearing held on May 7, 2019. At the conclusion of the hearing, counsel argued that, under United States v. Colin (9th Cir. 2002) 314 F.3d 439, Mata’s act of driving on the traffic lane line for one second did not constitute a violation of section 21658, subdivision (a) and, therefore, the traffic stop was unconstitutional. The court deferred ruling on the motion until the parties could submit supplemental briefing. On October 24, 2019, the court stated that it found the…