People v. Tate CA4/1

I. Factual and Procedural Background A. Evidence at Trial The evidence adduced at trial is largely undisputed. One evening in 2018, a car driven by Tate was observed weaving, swerving, cutting off other vehicles, and traveling at high rates of speed, first on the 76 freeway and then on Winchester Road in Riverside County. Noticing the erratic manner of the car’s progress, the driver of another car traveling in the same direction telephoned 911 and used her cell phone to film Tate’s car in transit. Drivers of other cars resorted to evasive maneuvers to avoid being struck by Tate’s car. After running several red lights, Tate’s car finally came to rest when it forcefully collided with another car—igniting a fire, killing the other car’s driver, and injuring its passenger. A civilian rendering assistance at the scene detected a strong smell of alcohol on Tate. A CHP officer detected the odor of alcohol on Tate’s breath and the odor of marijuana on his person. Based on these observations and Tate’s slurred speech, bloodshot/red watery eyes, and nystagmus, this officer determined Tate had been impaired at the time of the collision.

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