Carroll

FACTS AND PROCEEDINGS

Plaintiff’s Accident and Arrest On January 25, 2022, at approximately 6:24 p.m., plaintiff crashed his truck into an irrigation ditch on a remote road. A California Highway Patrol (CHP) officer arrived at the scene and began helping plaintiff out of the truck; Officer Moser arrived as plaintiff was getting out of the truck. Upon getting out of the truck, plaintiff nearly fell on his face and had to be held up by the officers. Plaintiff leaned on the fender of Moser’s patrol car to keep from falling and had difficulty finding his driver’s license. Plaintiff stated that he answered a phone call while driving and “ended up in the ditch.” Moser smelled the strong odor of alcohol coming from plaintiff’s breath and person and noticed that plaintiff had red and watery eyes and that his speech was slurred. Plaintiff acknowledged that he had consumed three mixed drinks “over the entire day.” Moser thought plaintiff may “have some alcohol on board” and asked whether plaintiff wished to perform field sobriety tests. Plaintiff asked for clarification as to what Moser meant by “on board,” and Moser responded, “Yeah, on you, in your system.” Plaintiff said, “No, I, I…