P.

BACKGROUND

A misdemeanor complaint filed by the Los Angeles County District Attorney alleged that on or about August 11, 2011, defendant drove a vehicle while being under the influence of alcohol, in violation of Vehicle Code section 23152, subdivision (a), and drove a vehicle while having a blood alcohol level of .08 percent or higher, in violation of Vehicle Code section 23512, subdivision (b). Defendant filed a motion to suppress evidence pursuant to Penal Code section 1538.5 on the ground that his arrest was illegal because the arresting officer had no reasonable suspicion or probable cause to stop and detain him. Defendant’s motion to suppress was heard and testimony was taken in connection with that motion on January 24, 2012. Officer Rivera, a patrol officer assigned to the City of Pomona with 20 years of experience, testified that on August 11, 2011, at 1:00 a.m., he was driving northbound on San Antonio Street when he saw a vehicle stopped on the right curb with its brake lights on. The driver of the vehicle was talking to a female pedestrian standing on the curb. As Rivera’s vehicle approached, defendant’s car pulled away from the curb, turning eastbound onto Hawthorne…