People v. Gunther CA1/1

BACKGROUND

The 2017 Case In early August 2017, Sonoma County Sheriff’s Deputy Brandon Jones, while driving on Highway 101, noticed a Nissan without registration stickers.

People v. Superior Court (1996) 13 Cal.4th 497 (Romero).

1 On running the plate, Jones determined the car had a non-operation registration, meaning it could not be driven on the highways. When Officer Jones attempted to make a traffic stop, defendant exited Highway 101, ran through a red light at the offramp intersection, and sped along surface streets, accelerating to 80 mph and running through two stop signs, before colliding with a culvert and landing on a fence next to a commercial property. Defendant then climbed out of the car and jumped over the fence onto the commercial property, where he was arrested. After reading defendant his Miranda2 rights, Officer Jones asked defendant why he had fled. Defendant told Officer Jones he had a suspended license and there was misdemeanor warrant out for his arrest. Defendant was charged with felony recklessly fleeing a police officer (Veh. Code, § 2800.2), misdemeanor resisting an officer (Pen. Code, § 148, subd. (a)(1)), driving with a suspended license (Veh.…