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People v. McHugh6/7/2004
Stephen McHugh pleaded guilty to a series of charges after the court denied his motion to suppress evidence of the results of his blood alcohol test. [FN1] On appeal, McHugh asserts this evidence should have been suppressed because it was obtained as a result of an improper stop, and the blood draw was improper.
FN1. McHugh was charged with driving under the influence of drugs or alcohol (Veh.Code, § 23152, subd. (a), count one), driving while having 0.08 percent or more by weight of alcohol in his blood (§ 23152, subd. (b), count two), and evading an officer (§ 2800.1, subd.(b), count three). All further statutory references are to the Vehicle Code unless otherwise specified. The information specially alleged that within seven years of the commission of the offenses charged in counts one and two, McHugh had been convicted of three separate driving-under-the-influence violations,
thereby raising the offenses charged in counts one and two to the status of felonies within the meaning of sections 23626 and 23550, subdivision (a). McHugh pleaded guilty to all three counts and admitted as true the three charged prior convictions.
I
FACTUAL BACKGROUND [FN2]
FN2. We review the facts in the light most favorable to the trial court's disposition of the suppression motion. (People v. Woods (1999) 21 Cal.4th 668, 673, 88 Cal.Rptr.2d 88, 981 P.2d 1019.)
A. The Arrest
At approximately 9:30 p.m. on April 30, 2002, Officer Rossi of the San Diego City Schools Police Department was driving home in the marked patrol car he used for his work. [FN3] As he drove northbound **145 on Interstate 15, Rossi saw a car, driven by McHugh, speed past him on his right. The speeding car changed lanes and moved in front of him. Rossi regularly monitored traffic on his way home and issued tickets. Rossi knew McHugh was driving in excess of the posted speed limit, and paced McHugh's car to determine if he was driving excessively fast. Rossi determined McHugh was driving 90 miles per hour.
FN3. Rossi's patrol car was a black and white vehicle with red and blue lights on the roof and the San Diego City Schools Police Department insignia on its side.
Rossi, who was driving to the rear of McHugh, flashed his bright lights to induce McHugh to slow to the speed limit, which he did not. Rossi turned on his siren and overhead lights, and used his spotlight to illuminate the interior of McHugh's car. McHugh adjusted his rear view mirror to deflect the light *207 from his face and slowed to 70 miles per hour; he did not pull over. Rossi radioed for a California Highway Patrol or San Diego Police Department unit in the area to assist him.
McHugh did not respond to Rossi's siren and continued driving approximately one and one-half miles to the Poway Road exit. McHugh drove onto Poway Road and accelerated to approximately 85 miles per hour with Rossi in pursuit. When McHugh reached the stop light at Sabre Springs Road, he stopped in the left turn lane for the red traffic light. Because Rossi was concerned McHugh might try to run the light in an attempt to further evade him, he pulled his car in front of McHugh's car to block its further movement. Rossi got out of his patrol car, and approached McHugh's car with his revolver drawn and pointed at McHugh. Rossi instructed McHugh to put his hands up and to hand over his keys, and McHugh asked Rossi which command he should comply with first. Rossi was embarrassed that he asked McHugh to do both things at once, and said, "Well, give me your keys," with which McHugh complied. During this exchange, Rossi reholstered his revolver.
Rossi instructed McHugh to get out of the car, handcuffed him and detained him inside Rossi's patrol car. Rossi detected a strong odor of alcohol near McHugh; noticed he
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