People v. Sweet CA3

BACKGROUND

In the evening of January 24, 2018, Fulton-El Camino Park Police Sergeant Taylor Magaziner followed a car after he saw what he thought might be a drug deal with the

1 driver. After the car stopped, Sergeant Magaziner got out of his patrol car and spoke with the driver, whom he later identified as defendant. The car smelled like alcohol, defendant stumbled out of the car, and a can of beer fell out of the car. Defendant later failed several field sobriety tests and then submitted to a blood test that showed a blood-alcohol concentration of 0.15 percent. Defendant was charged with driving under the influence (DUI) of an alcoholic beverage within 10 years of three prior convictions for similar offenses (Veh. Code, §§ 23152, subd. (a), 23550), driving with a blood-alcohol content in excess of 0.08 percent within 10 years of three prior convictions for similar offenses (Veh. Code, §§ 23152, subd. (b), 23550), and misdemeanor driving on a suspended or revoked license after a DUI conviction (Veh. Code, § 14601.2, subd. (a)). Defendant filed a motion to suppress all evidence discovered after Sergeant Magaziner approached her car. On October 25, 2018, the trial court held a…