Benz

Defendant Robert George Benz, also known as Robert George Evans, was charged by information with several counts of possession of controlled substances, in violation of sections 11350 and 11377 of the Health and Safety Code. He pleaded not guilty and moved to suppress the evidence which formed the basis of the charges. The trial court granted his motion, in part, and dismissed all counts. The People filed a timely notice of appeal.

At approximately 1:30 a.m. on August 9, 1982, Officer Metcalf of the San Rafael Police Department observed a vehicle proceeding erratically in the City of San Rafael. Officer Metcalf pulled the vehicle over and conducted a roadside test with the driver, defendant Benz. Defendant performed the test unsatisfactorily, and Officer Metcalf placed him under arrest for driving under the influence of alcohol, in violation of section 23152 of the Vehicle Code. Because he had neither a driver’s license nor any other form of identification, Officer Metcalf also placed defendant under arrest for driv *486 ing without a license, in violation of section 12951, subdivision (a), of the Vehicle Code. When defendant refused to take any alcohol test, Metcalf…