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People v. Hardacre3/22/2004
On October 27, 2001, defendant Jeffrey Hardacre was stopped by a California Highway Patrol Officer for speeding on Highway 9 in Santa Cruz County. Based on objective signs and failed intoxication tests, defendant was arrested and later charged with driving under the influence and driving with a blood alcohol level greater than .08 percent in violation of Vehicle Code section 23152, subdivisions (a) and (b). [FN1] A Santa Cruz County Superior **216 Court Commissioner granted defendant's Penal Code section 1538.5 motion to suppress evidence. The Commissioner held defendant's initial stop for speeding was the result of an illegal speed trap and all evidence obtained thereafter was inadmissible under sections 40803 and 40804. The People appealed to the Appellate Department of the Superior Court, which reversed the order. Upon defendant's application, the superior court certified the case for transfer to this court. We determined that transfer of the case appeared necessary to secure uniformity of decision and to settle important questions of law and ordered the matter transferred to our court for hearing and decision pursuant to California Rules of Court, rules 62 and 64(c)(1)(A).
FN1. Further statutory references are to the Vehicle Code unless otherwise indicated.
We conclude that the speed trap exclusionary rules set forth in sections 40803 and 40804 apply only when a defendant is charged with an offense involving the speed of a vehicle. Therefore, the statutes do not apply to the present case, in which defendant was charged with driving under the influence and driving with a blood alcohol level of .08 percent. We shall reverse the Commissioner's order granting defendant's motion to suppress evidence.
FACTUAL BACKGROUND
On October 27, 2001, shortly before midnight, California Highway Patrol Sergeant Frank Koss was on duty on Highway 9, two-tenths of a mile north of Graham Hill Road in the community of Felton, in Santa Cruz County. He *1295 was parked on the side of the road facing southbound on Highway 9, when he observed defendant traveling northbound. There were streetlights where he was parked and additional light came from the businesses along Highway 9. He visually estimated defendant's speed at approximately 40 miles per hour. He estimated the speed of the vehicle by its moving headlights as they were coming toward him. He turned on his radar unit and received a reading of 44 miles per hour. Defendant obtained a speed of 50 miles per hour, but then slowed back down upon seeing Sergeant Koss. Sergeant Koss verified that he was getting a good reading on the radar unit. He then made a u-turn and stopped defendant near a local high school.
Koss initially approached the passenger side of the vehicle. He asked for a driver's license, registration and proof of insurance. A strong odor of alcoholic beverage emanated from the vehicle. The passenger, defendant's wife, indicated she and a friend had been drinking and defendant had gone to pick them up. At this point, Sergeant Koss requested that defendant exit the vehicle and meet him back by the side of his patrol car. He observed defendant had red, watery eyes and slightly slurred speech. He conducted "one quick test" for intoxication and called for assistance. A second officer arrived and gave defendant a full set of sobriety tests. Defendant was under the influence, and he was arrested.
Sergeant Koss further testified that his report indicated the speed limit was 25 miles per hour. There was a 25 mile per hour speed limit sign facing southbound traffic where Sergeant Koss had been parked. However, he noted that a current Traffic and Engineering Report for that location indicated the speed limit was 35 miles per hour. As near as he could "guess," the speed limit for no
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