United States v. Lora French
Opinion
Opinion
MEMORANDUM
Lora French appeals her conviction for operating a motor vehicle while under the influence of alcohol in the Lake Mead National Recreation Area, in violation of 36 C.F.R. § 4.23 (a)(1) and 16 U.S.C. § 3 . We affirm.
1. The district court held that National Park Service Ranger Fletcher Ogg was credible in recounting his observation that French drove through an intersection without stopping at a stop sign. Ogg therefore had reasonable suspicion to stop French. See United States v. Lopez-Soto, 205 F.3d 1101, 1105 (9th Cir.2000).
That French was acquitted of the crime of failing to obey a traffic control device does not affect this conclusion. The district court properly applied a different standard of proof to the conviction, holding that the testimony of French’s husband was sufficient to create a reasonable doubt as to whether she actually failed to stop at the stop sign, see 36 C.F.R. § 4.12 (failure to obey a traffic control device), but not sufficient to impeach Ranger Ogg’s testimony as to what he perceived at the time.
2. The district court did not err in admitting evidence of the preliminary and evidentiary breath tests.