P. v. Berkley
On June 26, 2010, a car containing defendant and his wife passed a California Highway Patrol officer traveling at 85 miles per hour in an area where the posted speed limit was 65 miles per hour. After passing the officer, defendant and his wife pulled over because she felt sick, and they both exited the car. The highway patrol officer pulled behind the car, approached defendant, and immediately determined that he was intoxicated. Defendant was found to have 0.20 percent blood alcohol content. The only issue at trial was whether defendant was driving the car at the time it was seen by the officer. The jury determined that he was and found him guilty of driving under the influence of alcohol with a blood alcohol content greater than 0.08 percent.
Comments on P. v. Berkley