Schweitzer
People v. Schweitzer
Opinion
Lead Opinion
Stephens, J.
Defendant was convicted of reckless driving (Veh. Code, § 23103). His appeal was transferred to this court from the appellate department of the superior court pursuant to rule 62(a), of the California Rules of Court.
The facts are these: 1 while on routine patrol, with a fellow officer, Los Angeles Police Department Officer Souza observed a motorcycle traveling 55 miles per hour in a 25 mile per hour zone. The motorcycle did not have a rear view mirror. Souza pursued the motorcycle, which increased its speed to 60 miles per hour while traveling through a 35 mile per hour zone. At' one point Souza clocked the motorcycle at 75 miles per hour in a 35-mile zone. Souza observed that the motorcycle failed to stop for 2 boulevard stop signs. While *206 Souza was in pursuit, but some distance behind the motorcycle, the driver stopped to let off its passenger, Ingrid Wenzel. The motorcycle then sped off, eluding the officers’ pursuit.
After losing sight of the motorcycle, Souza returned to the intersection where Wenzel had been let off and found her still there. Souza testified, in essence, that Wenzel asked if she was in any trouble, and that he told her that would depend on…