P.
P. v. Oropeza CA3
Opinion
Opinion
BACKGROUND
City of Redding Police Officer Nick Weaver saw a car drifting between two lanes and pulled the car over. Defendant was in the driver’s seat and his brother Israel Oropeza was in the front passenger seat. Officer Weaver noticed that defendant’s eyes were bloodshot, his speech was slurred, and he smelled of alcohol. When asked if he had been drinking, defendant said he drank two beers between noon and the time he was stopped, but he later admitted drinking six beers. Officer Weaver observed that defendant’s gait was unsteady, he had difficulty standing up, and he swayed from side to side. City of Redding Police Officer Brian Torum happened by the scene and stopped. Defendant told Officer Weaver he recently had back surgery but he could perform field sobriety tests. Nonetheless, defendant was argumentative and angry about having to perform the tests, prompting Officer Weaver to request further backup. City of Redding Police Officer Jacob Provencio responded to the call. Officer Provencio was assigned as a DUI (driving under the influence) specialist that night. Officers Weaver and Provencio wore their Redding Police Department uniforms and drove marked patrol cars. After…