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MARSANNE WEESE (SBN 232167)
JROSE MISHAAN (SBN 267565)
‘Law Offices of Marsanne Weese
255 Kansas Street, Suite 340
San Francisco, CA 94103
Tel: 415-565-9600
Fax: 415-565-9601
Email: rose@marsannelaw.com
Attorneys for Petitioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN THE COUNTY OF SAN MATEO
Case No.: 23-CIV-06156
10 ALEC STEVEN NG,
(CDL F3478753)
11 Petitioner,
ADMINISTRATIVE RECORD
12 vs.
13
14 DEPARTMENT OF MOTOR VEHICLES,
15 Respondent.
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28
CASE TYPE
Administrative Per Se
Driver's NAME
Alec S. Ng
DRIVER LICENSE OR FILE NUMBER
F3478753
STATE OF CALIFORNIA
DEPARTMENT OF MOTOR VEHICLES
A Public Service Agency
iat My
OFFICE OF THE DIRECTOR
Executed on January 11, 2024 at Sacramento, California.
DATE
The attached photocopy(ies) is/are a true and correct copy(ies) of the
original document(s) on file with the Department.
| certify (or declare) under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Mii /horter
Steve Gordon, Director
Depa \entef Motor Vehicles
o
BY
Section 1530,
\
1531\and 1532, California Evidence Code,
provide that photogkaphic, copies of the records of the
Department of Motor Vehicles, when certified by the
Department, shall be admitted in evidence with the same
force and effect as the original records. Residence address
information is restricted pursuant to 1808.21 C.V.C. In
accordance with Section 1813 C.V.C., the above officer of
the Department of Motor Vehicles has been authorized to
prepare under seal and certify copies of records of this
Department.
DMV 1125 (REV 02/2019)
CALIFORNIA STATE TRANSPORTATION AGENCY Gavan Newson, Governor AP'S
DEPARTMENT OF MOTOR VEHICLES
LEGAL AFFAIRS DIVISION
Driver Safety Branch
1377 Fell Street, 2nd Floor
San Francisco, CA 94117 GE
Telephone: (415) 557-1170 FAX: (415) 557-7375
ADMINISTRATIVE PER SE - .08% BAC
NOTIFICATION OF FINDINGS AND DECISION
DRIVER LICENSEOR FILENO.
DS290112923F3478753NG120823
Alec Steven N F3478753
“ARREST OATE
March 05, 2023
ey
The stay of the suspension against your driving privilege has been ended. The suspension
will be re-imposed effective December 08, 2023. The suspension will remain in effect through
April 07, 2024.
Alec Steven Ng is hereinafter also known as “Respondent.”
The following findings and determinations are the results of your hearing on November 28, 2023.
FINDINGS OF FACT
l
Probable Cause:
On or about Sunday, March 5, 2023 at 1:10 AM, Officer A. Vial, Badge # 23039, of the Redwood City CHP, observed
Respondent driving a motor vehicle and allowing vehicle to exceed the speed limit, a violation of the California Vehicle
Code.
The evidentiary basis for the finding on the probable cause issue is:
° DMV Exhibits: Arrest Report & DS-367.
I
Objective Symptoms:
Subsequent to making contact with Respondent, Officer Vial formed the belief that Respondent was intoxicated after
having abserved the following objective symptoms of intoxication:
° Bloodshot and watery eyes.
° Odor of alcoholic beverage.
° Slurred speech.
Officer Vial also considered the following as contributing factors in forming the belief of intoxication:
° PAS result indicated intoxication,
The evidentiary basis for the finding on the objective symptoms of intoxication issue is:
° The DS-367 (Officer's Sworn Statement).
° The Arrest Report.
ut
Reasonable Cause:
Based on the preceding findings concerning probable cause, Officer Vial's determination of driving, the Officer's belief that
Respondent was intoxicated because of the objective symptom of intoxication, and the additional reported factors that the
Officer used to form the belief of intoxication, it is hereby determined that Officer Vial had reasonable cause to believe that
Respondent was driving a motor vehicle while under the influence of alcohol.
Program Version 7.0.0 Template Revision (12200813 Page | of 4
NAM Ml
Alec Steven Ng DL/ID/X # 73478753
Vv
Lawful Arrest:
On 3/5/2023, at 1:24 AM Respondent was arrested for violation of Vehicle Code Section 23152, 23153, or 23140,
The determination that Respondent was arrested under the charge of driving under the influence, Vehicle Code Section
23152, 23153, or 23140 is based on:
° Explicit statements in DMV’s documentary evidence.
As a result of the reasonable cause determination and the subsequent findings of an arrest taking place, it is hereby
determined that Respondent was lawfully arrested for a violation of Vehicle Code Section 23152, 23153, or 23140.
Vv
Chemical Test:
As based on the evidence presented for this matter, it is hereby determined that Respondent submitted to and completed
a chemical test of his breath, with results of 0.10 % B.A.C. at 01:48 AM on 3/5/23 and 0.09 % B.A.C. at 01:52 AM on
3/5/23.
The following is the determination of the trier of fact for each indicated issue and the associated specific contention raised
by the Respondent regarding the chemical test resuit.
ISSUE: The following violation(s) of Title 17 is/are being clained -
» Expert Witness Stanley Dorrance testified based on a breath test card (exhibit#4) that a 15-minutes breath test
observation is missing or inadequate is given little weight. Greater weight is given to the DS 367, a sworn officer's
statement which contains the Officer's certification which affirms compliance with Title 17. Respondent was initially
contacted at 1:10 AM, followed by the arrest at 1:24 AM, and the first sample was collected at 1:48 AM. There was no
evidence presented that there was a break in the Officer's presence from the time of initial contact to the time of breath
test.
vi
Driving With B.A.C. At Or Above 0.08%:
Based on the preceding it is determined that the preponderance of evidence in this case supports that Respondent was
driving a motor vehicle at the time that the concentration of alcohol in his blood was at or above 0.08%.
DETERMINATION OF ISSUES
4) The peace officer had reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code
Section 23140, 23152, or 23153.
2) You were placed under lawful arrest.
3) You were driving a motor vehicle when you had .08% or more by weight of aicohol in your blood.
DECISION
As a result of the preceding Findings & Determination, suspension of your driving privilege is re-imposed as specified here
in these documents.
Laurin Wadiénn
Dated: November 28, 2023
L.medina - Driver Safety Officer
NO
THIS ACTION IS INDEPENDENT OF AWY OTHER ACTION TAKEN BY THE COURT OR THIS DEPARTMENT
Before a driver license can be Issued or returned to you after April 07, 2024, you must complete the following:
A $125.00 reissue fee must be paid to DM’
You must file proof of financial responsibi as provided in §16430 VC. (See attached or reverse.)
You must maintain proof of financial responsibility for three years.
Page 2 of 4
Jee Steven Ng DL/ID/X # F347875.
Completion of a Driving Under the Influence (DUS) program licensed pursuant to §11836 of the Health and Safety
Code is required if convicted of violation of §§23140, 23152, or 23153 VC or Section 191.5 of the Penal Code.
NOTE: If you drive while your driving privilege is suspended or revoked, you may be arrested and, if convicted,
jailed and/or fined.
Appeal Rights
You are entitled to a departmental review of this decision. A request for the departmental review does not stay
the action. The review shall be limited to an examination of these findings and determination, and any
documentary evidence submitted at the hearing. It will not include a personal interview nor a review of evidence
not presented at the hearing. To have this review, you must submit your written request with $120 for any action
taken pursuant to §13353 VC or §13353.2 VC to the address shown above within 15 days of the effective date of
the decision.
You may also request a court review of this action by contacting the superior court in your county of residence
within 34 days from the date shown below.
Certificate of Service
{hereby certify under penalty of perjury under the laws of the State of California, that on the date below, I deposited in the United States mail
at the address shown above, a true copy of this document; that I am over the age of eighteen years; an employee of the Department of Motor
herein
Vehicles at the business address shown above in the county where the office is located; and that ! am not a party to the cause
mentioned.
DATE ‘SIGNATURE OF AUTHORIZED DMV EMPLOYEE.
14/29/23, L.MEDINA
‘alifornia jay Telephone Service for the deaf or hearing impaired from TDD Phones: 1 -800-735-2929; From Voice Phones: 900-735-2922
cc; Jonah Chew, Attorney at Law
1388 Sutter St, Ste 805
San Francisco, Ca 94109-94109
Page 3 of 4
Alec Steven Ng___DL/ID/X # F3478753
PROOF FILING INFORMATION
The usual method of showing proof of financial responsibility is to provide a California Insurance Proof
Certificate (form SR-22/SR-1P) from an insurance company authorized to do business in California. The types
of coverage on the form SR-22/SR-1P are listed below:
SR-22 ~ A motor vehicle liability policy may be provided to cover only vehicles registered in
your name (owner's policy), only to vehicles you do not own (operator's policy), or all vehicles
whether you own them or not (broad coverage). This certificate is acceptable for all DMV
actions requiring proof of responsibility.
SR-1P ~ An automobile liability policy or a liability policy may be provided to cover vehicles
with less than four wheels. This certificate is used after an accident without insurance, for
negligent operator sanctions per §12810.5 VC, or for an application by a minor requiring
proof.
NOTE: THE SR-1P PORTION IS NOT ACCEPTABLE FOR ADMINISTRATIVE PER SE ACTIONS.
To obtain a California Insurance Proof Certificate, contact an insurance agent or broker. DO NOT SUBMIT a
copy of your policy or application as neither can be accepted in place of the California Insurance Proof
Certificate. If necessary, persons unable to obtain this insurance coverage through their regular insurance
company may have any insurance agent or broker make an application to the California Automobile Assigned
Risk Plan. The Plan may be contacted directly for information at:
California Automobile Assigned Risk Plan
P.O. Box 7917
San Francisco, CA 94120-7917
Proof of financial responsibility may be met by a $36,000 cash deposit or $35,000 surety bond. Proof may
also be filed by a‘self-insurer on behalf of an employee to permit driving vehicles owned by the self-insurer
within the scope of employment. Bond information must be obtained from a surety bond company authorized
in California. For information on the cash deposit or self-insurance, you may call (916) 657-6421, or write to:
DMV, Financial Responsibility Area
P.O. Box 942884 Mail Station J-237
Sacramento, CA 94284-0884
Page 4 of 4
AGE 21 AND OLDER OFFICER'S STATEMENT nhs i
« Coltomia Vohito Code (CVC) §§13353, 13953.1, 18969.2 & 13389 Page 1
APs Bente Agency
TAW ENFORCEMENT AGENCY CASE NUMBER DETENTIONARREST DATE FORDNVUSEONY T MAR 16 2023 RECD
Bwe Cee mA7731 O2f05125 _O12H
DRIVER NAME (LAST, FIRST, Mi) DRIVER LICENSE NUMBER COMMERCIAL? STATE rest Type
i=
EC TE EW Yes §Z]No CA Forst ical purposes only
ck al thal apply
EVES
DaAtcphol Use
CAHBA GI M Bok Bern 50d iso DiCarjnabis Use
(Other Drug Use
LICENSE: Co Suspended/Revoked _ [& Surrandered (Atlached) [] Not in Possession [1 Unlicensed
VIOLATION: 0.08% or more BAC Chemical Test Results Tj 0.01% or more BAG (DUI Probation) [J 0.04% or more BAG (Chmmercial Vehicle)
Chemical Test Refusal (Complete Reverse) (PAS or other Chemical Test Refusal (OU! Probation) (Complete Reverse)
VEHICLE: License Numberorvin: ~NELD502
[1 Commercial Vehicle: Vehice requires. commercial diver foonse (CVC §15210), [] Hazardous Materlals: Transporting materials requiring placordsiinarkings
(CVC §27903)
NARRATIVE: Describe in detail the facts, observations, and circumstances that eA to the stop or contact with the driver in Narrative section on Page 2 of this form.
Contact: On date: V3 105" (23 at _cr\ bo BA in cityicounty Sanunreoheiee.
22 CA, the above driverwas contacted.
DRIVING: ‘ef Driving observed by this officer or Oo Driving observed by another observer (complete ‘Observation/Arrest section on Page 2)
Admission of Driving: ((] Driver admitted to criving the vehicle Goiliston; D2 Driver involved in a collision
(if driving not observed by an officer.) Oem Clew
TIME: What time did you stop driving or how long afer. chivinglolision id you wait for law: enforcement to arive? Driver Response: — Dkr Okie
ARREST OR DETENTION STATEMENT: | had reasonable cause to believe the driver was driving a motor vehicle with alcohol andfor drugs present iq the blood or while
under the in‘luence. The driver was lawfully arrested, or lawfully detained while on DUI probation, by this officer, or by the parson shown in the Observation/Arrest section
onPage2, ondate 73 905 (22 at 0/34
__ hw Chow for violation of CVC §§23152, 23153, or 23154.
‘OBJECTIVE SYNPTOMS OF INTOXICATION: [74.Bioodshot/watery eyes GZ}Odor of alcoholic beverage 7 Unsteady gait [od Siurred speech [4]-PAS reputts (complate hotow)
.Otner: Luo ESTs Obsorved by: {321 This officer [J] Another observer:
DUI Probation: Re ed
PRELIMINARY ALCOHOL SCREENING TEST (PAS) Naa-DU! Frobajon:
Oriver submilted fo and completed a PAS test with the results of: Always complote section f PAS: Foouts aval,
Bw | ffm
rest 223% Bacon 02122123 g_o!THe> Test2 14% BACOn_OS LOS” DE at C123
lof my dutles, (2) | used PAS Model (Name/Number)
LMT xnerers tae
iL0 -S¥ Nook k
OFFICER CERTIFICATION: I cerlily undér penalty of pa jury under the laws of the State of California that: (1) lobtained the ahove PAS test result injthe regular ‘course
, Serialit Lo | Manufactured by
(3) | administered this PAS last properly in accordance with the manufacturer's guidelines and instruction ) | have received!
training on the proper operation of this device and administration of the PAS test and am competent and qualified to operate the device, and {5) the ‘was functioning
properly at the time of the test. |
Dole 3% 126° _ 13
Breath Test Results:
Signature X_[ ah CHEMICAL TEST
Badge/lO Number 275% Ageyldy_ CtP REM
~~ [__ Attach copy ofthe fesuis, i avliabl
c£7/
Test O10 + encore 195 (22 a4 BM tost2. 220» erconrS agit ot 0182.
Bt Tostemma We Ces * Con toe Jj at Om
BREATH TEST MACHINE OPERATOR CERTIFICATION: | certify Under penalty of oeriay under the laws of theSit ofol Caliocia,
Cal that the above breath test sample’
results were oblained in the regular course of my duties. | furlher certify that | am qualified to operate this equipment-and that the test was dminiate ed pursuant ta the
Tequirements of Title 17 of the California Code of Regulations. .
Date 1 GS7IZZ SignatweX Vu Baie Nantes 30 Agyv RAL Cr
BLOOD TEST RESULTS: Blood test on date: t 1 at an
Caw
[URINE
TEST RESULTS: First void on date: i i at qo a Test on date: t I at Om
| cortify under penalty of perjury, under the laws of the Stateof California, that the information contained on all pages of this Officer's Statement iis true and corfect.
EXECUTED ON: 00003
10S 123 ‘inoy Ris 16) OAV County SAN“ Myipercs
PHONE NUMBER
‘OFFIC PRUTED NAME
[Ae "23034 630 1°77 - ZJOO
TeENGY GOpIRT CONE GF UNKNOWN, COURT NAME)
7 crcem Cary CHP 330 SAW MxATed
1 {did (2 aild not personally serve a copy ofthe Order of Su Th “tetothe driver,
patec>3 105123 Signature of Arrésting Officer X
ORDER SERVED BY ANOTHER OFFICER; if order was served on Lt by another Officer have that officer complete this section.
{personally served a copy of the order to the driver on the date shown below:
Date Serving Officer's Printed Name BadgellD Number : Signature Of Serving Officer
! t
DS 367 (REV. 1/2019) White—DMV Yellow—Law Enforcement Pink—Driver iconlinued on reverse
CHEMICAL TEST ADMONITION
Taw
J adnianished'the driver on date: L I at
1. You are required bby state law to submit to and complete a chemical test determine the alcohol andfor
ford content of: your blood.
or blood lest. H you are on DUI
24 Because {believe you ara under the, fluence of alcohol or a combination of alcohol and arg, you have 8 choice, of taking a breath nee
Probation yyou ate required tosubmit to a Prolimjnary Alcoho! Screening Test.
Availabilty of Tests. (Read oniy when ‘applicable
ih nerophia or
[When Applicable: Since the breath and blood tests are unavailable: you are incapable of contig a breath or blood test or you are aticied sith
are using an anticoagulant medication, You are deemed i je given your consent to chemical testing of your ine,”
ah te,
ae
when Applicable: Since yalesintcalieamen, your choice iia ‘oth (ohwck a aati) q blood }"oreath and/or ‘ine test), the only test(s)
2
available at
if you refuge 16 submit lo, or fail to complete a chemical test, your dfiving privlege wilt be‘admifiistratively suspénded for oné eat of administratively revoked for two
‘or three years by the Department of Motor Vehicles. A second offeitse within fen years ofa separate violation of driving under tha influence, including such a charge
reduced to reckless driving, or vehicular manslaughter, or a violation of CVC'§23440, which resulted in’a conviction, 6f separate administrative determination that you
were driving with a BAG of 0.01% or more while under age 21; ora separate administrative determinalton thal you were driving with a BAC of 0.01% or more whileon DUL
probation, or a BAC of 0.04% or more while operating a commercial motor Vehicle, or a BAC of 0.08% or mose al any age, or you refused a test, will resull in a two-year
administrative revocation: Three or more offenses within ten ‘years of any combinalion of the above violations, convictions or separate administrative determinations will
result in a three-year administrative.revocation.
5. Refusal or failure lo.complete a chemical test may-be used: against you in court, .
.
6. Refysal or faiture to complete breath or urine testingwill resull in a fine and mandatory imprisonment ityyou ate convicted ofa violation of cic ggasi or 23183.
7 You do not have the right to talk to an attomey or hava an attorney present before stating whether you will submit to a test, before deciding which test to take, or during
the test
8 if you cannot, or state you cannot, complete the test you choose, you must submit to and complete a remaining test.
DRIVER RESPONSE: Include statements or actions by the driver that indicate.a réfusal or falure ot each lest.
CI Will you take a Preliminary Alcohol Screening Test? (DU! Probation)
(Will you take a Breath Test?
: . .
(Will you take a Blood Test?
TEST UNAVAILABLE: One or more tests were unavailable, q PAS test unavaitatle [] Breath test unavailable a: Blood test unavailable
Explain:
LANGUAGE: If not given in English; admonition was givenin ) Spanish (] Other language (specify):
Admonition Read by a Different Officer. If the above Chemical Test Admonition was read {0 arrestee by another officer, indicate that officar’s information:
GFFICER NAME [BADGEAD NUMBER [ARENCY FIISION TELEPRONE NUMBER
‘
— =
DRUG ADWONTTION
Because | believe you are under the influence of drugs ora combination of args and alcohol, you are. required by state law to. submit toa blood, breath, or urine test. A
urine test is available only if you are afflicted with Kiemophilia or are tising an anlicoagutant medication. -
(C1 When Applicablé: Because you have already submitted td or rofused or failed o complete a breath test ora breath test is unavailable, your choice is limited to a
blood test or a urine test, when applicable.
If you refuse to-submit to; or fail to complete-a ‘chemical test, your driving privilege will be adiinisatvely suspended for one yearor administratively revoked for two
or three years, by the Department of Motor Vehicles. A second offense within ten years of a separate viotation of driving under the Influence, including such a charge
reduced to reckless driving, or vehicular manslaughter, or a violation of CVC §23140, which resulted in a conviction, or separate administrative determination that you
were driving with a BAC of.0.01% or more while.under age 21, or a separale administrative determination that you were driving with a BAC of 0. 01% or more while on DUS
probation, or a BAC of 0.04% of more while operating acommercial motor vehicle, or a BAC of 0.08% ‘or more at any age, or.you refused a test, will result in a two-year
administrative.revocation, Three or more offenses within ten years of ay ‘combination of the above |violations, convictions or separate administrative determinations: will
result in a three-year adminisirative revocation.
Refusalor failure to complete a chemical test may be used against you in court. " ew
Refusal or failure to complete breath or urine testing wilt resull in a fine and mandatory imprlsonrient if you are convicted of a violation of ove §§23152 of 23153.
‘You do not have.the right to tatk to an altorney onhav an attorney present before stating whether you will submil {o a test, before daciding which test to take, or during
the lest.
DRIVER RESPONSE: Include statements or. actions by the eer that indicate a ratusal or fale of wah te
[Will you tat lood Test?
(Will you take Urine Test?
TEST UNAVAILABLE: One or more tests were unavailable. [J Blood test unavailable ((] Urine test unavailable
Explain:
LANGUAGE: If not given in English, admonition was given in (1) Spanish (1 Other tanguage (spacify):
Admonition Read by a Differont Officer: If the above Drug Admonition was read to arrestee by another afficer, indicate that officer's informalion:
FFFIGER NAME [BAOGEAD NUMBER AGENCYONISION te Tr (ONE NUMDER
v
”
. .
continued on nex!'page BS 367 (REV. 1/2019)
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367
Page 2
‘Ree ORCEIENT
RENE CHENIER? 7 FOROMVUSE ORI:
i
TET
Rwe ere may7e3! 103/05. 7 cam
a ‘Arrest Typo
foe Ne A : ‘STATE
ict’ sreven _ |C¥es 1INo A For staliptical purposes only.
|
Chetk all that apply.
Cl] Alechol Use
OFNB AGA
7 ia eves.
5-04 HEIGHT WEIGHT
Iso (J Canhabis Use
Cloth drug Use
LICENSE: . [=] SuspendediRevoked 0%. Surrendered
(Ath ied) L_] Notin Possession * {1} unligensed
VIOLATION: PX) 0:08%-0 mote BAC Chemical Test Results: LJ 0.01% or more BAC (DU! Probation) . O tom or nore BAG (Cdinmerciat Vehicle)
() Chemical Test Refusal (Complete Reverse) “" [] PAS or other Cheniical Test Refusal.(DU! Probation) (Complete Reverse)
OBSERVATION/ARREST:. If driving or collision.was observed by someone other than the arresting officer, or if arrest was completed by another officer or person,
input that person's information.
{1} Driving or Coltision © C7 Arrest made Observation or Arrest made by “| C2 Driving or Cotision QO Arrest made ‘Observation of Arrest made by
observed by: bys. ‘ Officer D Citizen observed by: y: Office 1 Citizen
WANE (PLEASE PRINT NAME (PLEASE PRINT)
‘
RODRESS (ADDRESS
TELEPHONE NUMBER ~[oaosEno wiMBER AGENCHOWETOR ” | TELEPHONE ROBER BADGENO WENGER AGENCMDIISION
“ Trae To
“NARRATIVE
qe ( "
ire tly On this page.
* Deseribe ddtall tie (a8, otiservations, afd ‘crcumstanices that ted fo the stop or contact Prink 6
7 MEL Ca Apottionof anothey reportmay be ¢ dp 2d below but should be dated and-contalnan original signature,
Attach arresi, collision, and/or supplemental report(s) if available.
cM Mt arrest wads made per CVC'§40300.5 stata
thd facls and circumstances (Nat Support
the ‘arrest.
: whe Ut Probation Violations: Indicate below how you determined the driver was on DUI probation.
sau ynele oe
| were on duty wearing the full uniform of the
On February 5, 2023 at approximately 0105 hours, my partner Offi A, Ortiz, 10 22795, andharger (1540326). We were driving on US-101
—
weg California Highway Patrol, Officer Ortiz was driving a full ity marked black and white Dodge Cl
” , south of Whipple Aveaue, In lane #2, when we notice’ da white sedan traveling at a high rate of speed. The white sedan changed
northbound of approximately 94 miles per hour, and the
lanes from lane #1, into lane #3, and back lato lane #1: Officer Ortiz estal blished a bumper pacebehind the white seda n, identified as a Toyota
white sedan was galning distance from us. Officer Ortiz positioned the patrol vehicle directly
Prius, and activated the patrol vehicle’s emergency lights and siren to initiate a traffic stop. | activated and the patrol vehiele’s Publle Address (PA)
driver to exit the freeway. The dr accordingly , exited the freeway, stopped the vehicle on E. Hillsdale
system and advised the iver ylalded
king with the driver, Officer Ortiz ——
i east of US-101, Officer Ortiz exited the patrol vehicle and made a passenger side approach, After spea
e test. While
requested } approach the driver to perform a preliminary eye test. tmade & driver side approach and performed a preliminary ey!
speaking to the driver, | smelled a strong odor of an alcohotic beverage emit! ting from the vehicle and the driver's eyes were red and watery.
After the pretiminary eye test, | requested Ng to exit the vehicle and walk ov jer to the sidewalk, Ng compiled, exited the vehicle and walked ov
to the sidewalk. At this point there were high winds, heavy raln, and hail causing the sidewalk to become wet. ! preformed another preliminary
admitted to drinking alcohol, Ng related that h
‘eye test on Ng. | asked Ng a series of pre FST questions, aad he rel Jated'the following: Ng never
the effects of the drugs. Ng stated that he “bumped Is)
consumes Adderall in the morning Lorazepam In the evening, Ng eel lated he did Ngnotwasfee!unable
his head, to articulate where or how he bumped hls head.)
ney head but never fost conscious,” Upon being asked when Ng bumped -
Ng als 0 related that he did nat bump his head. While to
speaking Ng, Heontinued to smell a strong odor of alcohol emitting from his breath an
cl person and his eves were still red and water ry. Shad Ng perform a series of F5Ts. Ng
did not perform the series of FSTs as explained and
-—
OBL os (0%
demanstrated.
nay Stee LGA
ay sly, FE 139
m ag aae a 7
ny Bt
aE a
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MARSANNE WEESE (SBN 232167) JROSE MISHAAN (SBN 267565) ‘Law Offices of Marsanne Weese 255 Kansas Street, Suite 340 San Francisco, CA 94103 Tel: 415-565-9600 Fax: 415-565-9601 Email: rose@marsannelaw.com Attorneys for Petitioner SUPERIOR COURT OF THE STATE OF CALIFORNIA IN THE COUNTY OF SAN MATEO Case No.: 23-CIV-06156 10 ALEC STEVEN NG, (CDL F3478753) 11 Petitioner, ADMINISTRATIVE RECORD 12 vs. 13 14 DEPARTMENT OF MOTOR VEHICLES, 15 Respondent. 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE TYPE Administrative Per Se Driver's NAME Alec S. Ng DRIVER LICENSE OR FILE NUMBER F3478753 STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES A Public Service Agency iat My OFFICE OF THE DIRECTOR Executed on January 11, 2024 at Sacramento, California. DATE The attached photocopy(ies) is/are a true and correct copy(ies) of the original document(s) on file with the Department. | certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Mii /horter Steve Gordon, Director Depa \entef Motor Vehicles o BY Section 1530, \ 1531\and 1532, California Evidence Code, provide that photogkaphic, copies of the records of the Department of Motor Vehicles, when certified by the Department, shall be admitted in evidence with the same force and effect as the original records. Residence address information is restricted pursuant to 1808.21 C.V.C. In accordance with Section 1813 C.V.C., the above officer of the Department of Motor Vehicles has been authorized to prepare under seal and certify copies of records of this Department. DMV 1125 (REV 02/2019) CALIFORNIA STATE TRANSPORTATION AGENCY Gavan Newson, Governor AP'S DEPARTMENT OF MOTOR VEHICLES LEGAL AFFAIRS DIVISION Driver Safety Branch 1377 Fell Street, 2nd Floor San Francisco, CA 94117 GE Telephone: (415) 557-1170 FAX: (415) 557-7375 ADMINISTRATIVE PER SE - .08% BAC NOTIFICATION OF FINDINGS AND DECISION DRIVER LICENSEOR FILENO. DS290112923F3478753NG120823 Alec Steven N F3478753 “ARREST OATE March 05, 2023 ey The stay of the suspension against your driving privilege has been ended. The suspension will be re-imposed effective December 08, 2023. The suspension will remain in effect through April 07, 2024. Alec Steven Ng is hereinafter also known as “Respondent.” The following findings and determinations are the results of your hearing on November 28, 2023. FINDINGS OF FACT l Probable Cause: On or about Sunday, March 5, 2023 at 1:10 AM, Officer A. Vial, Badge # 23039, of the Redwood City CHP, observed Respondent driving a motor vehicle and allowing vehicle to exceed the speed limit, a violation of the California Vehicle Code. The evidentiary basis for the finding on the probable cause issue is: ° DMV Exhibits: Arrest Report & DS-367. I Objective Symptoms: Subsequent to making contact with Respondent, Officer Vial formed the belief that Respondent was intoxicated after having abserved the following objective symptoms of intoxication: ° Bloodshot and watery eyes. ° Odor of alcoholic beverage. ° Slurred speech. Officer Vial also considered the following as contributing factors in forming the belief of intoxication: ° PAS result indicated intoxication, The evidentiary basis for the finding on the objective symptoms of intoxication issue is: ° The DS-367 (Officer's Sworn Statement). ° The Arrest Report. ut Reasonable Cause: Based on the preceding findings concerning probable cause, Officer Vial's determination of driving, the Officer's belief that Respondent was intoxicated because of the objective symptom of intoxication, and the additional reported factors that the Officer used to form the belief of intoxication, it is hereby determined that Officer Vial had reasonable cause to believe that Respondent was driving a motor vehicle while under the influence of alcohol. Program Version 7.0.0 Template Revision (12200813 Page | of 4 NAM Ml Alec Steven Ng DL/ID/X # 73478753 Vv Lawful Arrest: On 3/5/2023, at 1:24 AM Respondent was arrested for violation of Vehicle Code Section 23152, 23153, or 23140, The determination that Respondent was arrested under the charge of driving under the influence, Vehicle Code Section 23152, 23153, or 23140 is based on: ° Explicit statements in DMV’s documentary evidence. As a result of the reasonable cause determination and the subsequent findings of an arrest taking place, it is hereby determined that Respondent was lawfully arrested for a violation of Vehicle Code Section 23152, 23153, or 23140. Vv Chemical Test: As based on the evidence presented for this matter, it is hereby determined that Respondent submitted to and completed a chemical test of his breath, with results of 0.10 % B.A.C. at 01:48 AM on 3/5/23 and 0.09 % B.A.C. at 01:52 AM on 3/5/23. The following is the determination of the trier of fact for each indicated issue and the associated specific contention raised by the Respondent regarding the chemical test resuit. ISSUE: The following violation(s) of Title 17 is/are being clained - » Expert Witness Stanley Dorrance testified based on a breath test card (exhibit#4) that a 15-minutes breath test observation is missing or inadequate is given little weight. Greater weight is given to the DS 367, a sworn officer's statement which contains the Officer's certification which affirms compliance with Title 17. Respondent was initially contacted at 1:10 AM, followed by the arrest at 1:24 AM, and the first sample was collected at 1:48 AM. There was no evidence presented that there was a break in the Officer's presence from the time of initial contact to the time of breath test. vi Driving With B.A.C. At Or Above 0.08%: Based on the preceding it is determined that the preponderance of evidence in this case supports that Respondent was driving a motor vehicle at the time that the concentration of alcohol in his blood was at or above 0.08%. DETERMINATION OF ISSUES 4) The peace officer had reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153. 2) You were placed under lawful arrest. 3) You were driving a motor vehicle when you had .08% or more by weight of aicohol in your blood. DECISION As a result of the preceding Findings & Determination, suspension of your driving privilege is re-imposed as specified here in these documents. Laurin Wadiénn Dated: November 28, 2023 L.medina - Driver Safety Officer NO THIS ACTION IS INDEPENDENT OF AWY OTHER ACTION TAKEN BY THE COURT OR THIS DEPARTMENT Before a driver license can be Issued or returned to you after April 07, 2024, you must complete the following: A $125.00 reissue fee must be paid to DM’ You must file proof of financial responsibi as provided in §16430 VC. (See attached or reverse.) You must maintain proof of financial responsibility for three years. Page 2 of 4 Jee Steven Ng DL/ID/X # F347875. Completion of a Driving Under the Influence (DUS) program licensed pursuant to §11836 of the Health and Safety Code is required if convicted of violation of §§23140, 23152, or 23153 VC or Section 191.5 of the Penal Code. NOTE: If you drive while your driving privilege is suspended or revoked, you may be arrested and, if convicted, jailed and/or fined. Appeal Rights You are entitled to a departmental review of this decision. A request for the departmental review does not stay the action. The review shall be limited to an examination of these findings and determination, and any documentary evidence submitted at the hearing. It will not include a personal interview nor a review of evidence not presented at the hearing. To have this review, you must submit your written request with $120 for any action taken pursuant to §13353 VC or §13353.2 VC to the address shown above within 15 days of the effective date of the decision. You may also request a court review of this action by contacting the superior court in your county of residence within 34 days from the date shown below. Certificate of Service {hereby certify under penalty of perjury under the laws of the State of California, that on the date below, I deposited in the United States mail at the address shown above, a true copy of this document; that I am over the age of eighteen years; an employee of the Department of Motor herein Vehicles at the business address shown above in the county where the office is located; and that ! am not a party to the cause mentioned. DATE ‘SIGNATURE OF AUTHORIZED DMV EMPLOYEE. 14/29/23, L.MEDINA ‘alifornia jay Telephone Service for the deaf or hearing impaired from TDD Phones: 1 -800-735-2929; From Voice Phones: 900-735-2922 cc; Jonah Chew, Attorney at Law 1388 Sutter St, Ste 805 San Francisco, Ca 94109-94109 Page 3 of 4 Alec Steven Ng___DL/ID/X # F3478753 PROOF FILING INFORMATION The usual method of showing proof of financial responsibility is to provide a California Insurance Proof Certificate (form SR-22/SR-1P) from an insurance company authorized to do business in California. The types of coverage on the form SR-22/SR-1P are listed below: SR-22 ~ A motor vehicle liability policy may be provided to cover only vehicles registered in your name (owner's policy), only to vehicles you do not own (operator's policy), or all vehicles whether you own them or not (broad coverage). This certificate is acceptable for all DMV actions requiring proof of responsibility. SR-1P ~ An automobile liability policy or a liability policy may be provided to cover vehicles with less than four wheels. This certificate is used after an accident without insurance, for negligent operator sanctions per §12810.5 VC, or for an application by a minor requiring proof. NOTE: THE SR-1P PORTION IS NOT ACCEPTABLE FOR ADMINISTRATIVE PER SE ACTIONS. To obtain a California Insurance Proof Certificate, contact an insurance agent or broker. DO NOT SUBMIT a copy of your policy or application as neither can be accepted in place of the California Insurance Proof Certificate. If necessary, persons unable to obtain this insurance coverage through their regular insurance company may have any insurance agent or broker make an application to the California Automobile Assigned Risk Plan. The Plan may be contacted directly for information at: California Automobile Assigned Risk Plan P.O. Box 7917 San Francisco, CA 94120-7917 Proof of financial responsibility may be met by a $36,000 cash deposit or $35,000 surety bond. Proof may also be filed by a‘self-insurer on behalf of an employee to permit driving vehicles owned by the self-insurer within the scope of employment. Bond information must be obtained from a surety bond company authorized in California. For information on the cash deposit or self-insurance, you may call (916) 657-6421, or write to: DMV, Financial Responsibility Area P.O. Box 942884 Mail Station J-237 Sacramento, CA 94284-0884 Page 4 of 4 AGE 21 AND OLDER OFFICER'S STATEMENT nhs i « Coltomia Vohito Code (CVC) §§13353, 13953.1, 18969.2 & 13389 Page 1 APs Bente Agency TAW ENFORCEMENT AGENCY CASE NUMBER DETENTIONARREST DATE FORDNVUSEONY T MAR 16 2023 RECD Bwe Cee mA7731 O2f05125 _O12H DRIVER NAME (LAST, FIRST, Mi) DRIVER LICENSE NUMBER COMMERCIAL? STATE rest Type i= EC TE EW Yes §Z]No CA Forst ical purposes only ck al thal apply EVES DaAtcphol Use CAHBA GI M Bok Bern 50d iso DiCarjnabis Use (Other Drug Use LICENSE: Co Suspended/Revoked _ [& Surrandered (Atlached) [] Not in Possession [1 Unlicensed VIOLATION: 0.08% or more BAC Chemical Test Results Tj 0.01% or more BAG (DUI Probation) [J 0.04% or more BAG (Chmmercial Vehicle) Chemical Test Refusal (Complete Reverse) (PAS or other Chemical Test Refusal (OU! Probation) (Complete Reverse) VEHICLE: License Numberorvin: ~NELD502 [1 Commercial Vehicle: Vehice requires. commercial diver foonse (CVC §15210), [] Hazardous Materlals: Transporting materials requiring placordsiinarkings (CVC §27903) NARRATIVE: Describe in detail the facts, observations, and circumstances that eA to the stop or contact with the driver in Narrative section on Page 2 of this form. Contact: On date: V3 105" (23 at _cr\ bo BA in cityicounty Sanunreoheiee. 22 CA, the above driverwas contacted. DRIVING: ‘ef Driving observed by this officer or Oo Driving observed by another observer (complete ‘Observation/Arrest section on Page 2) Admission of Driving: ((] Driver admitted to criving the vehicle Goiliston; D2 Driver involved in a collision (if driving not observed by an officer.) Oem Clew TIME: What time did you stop driving or how long afer. chivinglolision id you wait for law: enforcement to arive? Driver Response: — Dkr Okie ARREST OR DETENTION STATEMENT: | had reasonable cause to believe the driver was driving a motor vehicle with alcohol andfor drugs present iq the blood or while under the in‘luence. The driver was lawfully arrested, or lawfully detained while on DUI probation, by this officer, or by the parson shown in the Observation/Arrest section onPage2, ondate 73 905 (22 at 0/34 __ hw Chow for violation of CVC §§23152, 23153, or 23154. ‘OBJECTIVE SYNPTOMS OF INTOXICATION: [74.Bioodshot/watery eyes GZ}Odor of alcoholic beverage 7 Unsteady gait [od Siurred speech [4]-PAS reputts (complate hotow) .Otner: Luo ESTs Obsorved by: {321 This officer [J] Another observer: DUI Probation: Re ed PRELIMINARY ALCOHOL SCREENING TEST (PAS) Naa-DU! Frobajon: Oriver submilted fo and completed a PAS test with the results of: Always complote section f PAS: Foouts aval, Bw | ffm rest 223% Bacon 02122123 g_o!THe> Test2 14% BACOn_OS LOS” DE at C123 lof my dutles, (2) | used PAS Model (Name/Number) LMT xnerers tae iL0 -S¥ Nook k OFFICER CERTIFICATION: I cerlily undér penalty of pa jury under the laws of the State of California that: (1) lobtained the ahove PAS test result injthe regular ‘course , Serialit Lo | Manufactured by (3) | administered this PAS last properly in accordance with the manufacturer's guidelines and instruction ) | have received! training on the proper operation of this device and administration of the PAS test and am competent and qualified to operate the device, and {5) the ‘was functioning properly at the time of the test. | Dole 3% 126° _ 13 Breath Test Results: Signature X_[ ah CHEMICAL TEST Badge/lO Number 275% Ageyldy_ CtP REM ~~ [__ Attach copy ofthe fesuis, i avliabl c£7/ Test O10 + encore 195 (22 a4 BM tost2. 220» erconrS agit ot 0182. Bt Tostemma We Ces * Con toe Jj at Om BREATH TEST MACHINE OPERATOR CERTIFICATION: | certify Under penalty of oeriay under the laws of theSit ofol Caliocia, Cal that the above breath test sample’ results were oblained in the regular course of my duties. | furlher certify that | am qualified to operate this equipment-and that the test was dminiate ed pursuant ta the Tequirements of Title 17 of the California Code of Regulations. . Date 1 GS7IZZ SignatweX Vu Baie Nantes 30 Agyv RAL Cr BLOOD TEST RESULTS: Blood test on date: t 1 at an Caw [URINE TEST RESULTS: First void on date: i i at qo a Test on date: t I at Om | cortify under penalty of perjury, under the laws of the Stateof California, that the information contained on all pages of this Officer's Statement iis true and corfect. EXECUTED ON: 00003 10S 123 ‘inoy Ris 16) OAV County SAN“ Myipercs PHONE NUMBER ‘OFFIC PRUTED NAME [Ae "23034 630 1°77 - ZJOO TeENGY GOpIRT CONE GF UNKNOWN, COURT NAME) 7 crcem Cary CHP 330 SAW MxATed 1 {did (2 aild not personally serve a copy ofthe Order of Su Th “tetothe driver, patec>3 105123 Signature of Arrésting Officer X ORDER SERVED BY ANOTHER OFFICER; if order was served on Lt by another Officer have that officer complete this section. {personally served a copy of the order to the driver on the date shown below: Date Serving Officer's Printed Name BadgellD Number : Signature Of Serving Officer ! t DS 367 (REV. 1/2019) White—DMV Yellow—Law Enforcement Pink—Driver iconlinued on reverse CHEMICAL TEST ADMONITION Taw J adnianished'the driver on date: L I at 1. You are required bby state law to submit to and complete a chemical test determine the alcohol andfor ford content of: your blood. or blood lest. H you are on DUI 24 Because {believe you ara under the, fluence of alcohol or a combination of alcohol and arg, you have 8 choice, of taking a breath nee Probation yyou ate required tosubmit to a Prolimjnary Alcoho! Screening Test. Availabilty of Tests. (Read oniy when ‘applicable ih nerophia or [When Applicable: Since the breath and blood tests are unavailable: you are incapable of contig a breath or blood test or you are aticied sith are using an anticoagulant medication, You are deemed i je given your consent to chemical testing of your ine,” ah te, ae when Applicable: Since yalesintcalieamen, your choice iia ‘oth (ohwck a aati) q blood }"oreath and/or ‘ine test), the only test(s) 2 available at if you refuge 16 submit lo, or fail to complete a chemical test, your dfiving privlege wilt be‘admifiistratively suspénded for oné eat of administratively revoked for two ‘or three years by the Department of Motor Vehicles. A second offeitse within fen years ofa separate violation of driving under tha influence, including such a charge reduced to reckless driving, or vehicular manslaughter, or a violation of CVC'§23440, which resulted in’a conviction, 6f separate administrative determination that you were driving with a BAG of 0.01% or more while under age 21; ora separate administrative determinalton thal you were driving with a BAC of 0.01% or more whileon DUL probation, or a BAC of 0.04% or more while operating a commercial motor Vehicle, or a BAC of 0.08% or mose al any age, or you refused a test, will resull in a two-year administrative revocation: Three or more offenses within ten ‘years of any combinalion of the above violations, convictions or separate administrative determinations will result in a three-year administrative.revocation. 5. Refusal or failure lo.complete a chemical test may-be used: against you in court, . . 6. Refysal or faiture to complete breath or urine testingwill resull in a fine and mandatory imprisonment ityyou ate convicted ofa violation of cic ggasi or 23183. 7 You do not have the right to talk to an attomey or hava an attorney present before stating whether you will submit to a test, before deciding which test to take, or during the test 8 if you cannot, or state you cannot, complete the test you choose, you must submit to and complete a remaining test. DRIVER RESPONSE: Include statements or actions by the driver that indicate.a réfusal or falure ot each lest. CI Will you take a Preliminary Alcohol Screening Test? (DU! Probation) (Will you take a Breath Test? : . . (Will you take a Blood Test? TEST UNAVAILABLE: One or more tests were unavailable, q PAS test unavaitatle [] Breath test unavailable a: Blood test unavailable Explain: LANGUAGE: If not given in English; admonition was givenin ) Spanish (] Other language (specify): Admonition Read by a Different Officer. If the above Chemical Test Admonition was read {0 arrestee by another officer, indicate that officar’s information: GFFICER NAME [BADGEAD NUMBER [ARENCY FIISION TELEPRONE NUMBER ‘ — = DRUG ADWONTTION Because | believe you are under the influence of drugs ora combination of args and alcohol, you are. required by state law to. submit toa blood, breath, or urine test. A urine test is available only if you are afflicted with Kiemophilia or are tising an anlicoagutant medication. - (C1 When Applicablé: Because you have already submitted td or rofused or failed o complete a breath test ora breath test is unavailable, your choice is limited to a blood test or a urine test, when applicable. If you refuse to-submit to; or fail to complete-a ‘chemical test, your driving privilege will be adiinisatvely suspended for one yearor administratively revoked for two or three years, by the Department of Motor Vehicles. A second offense within ten years of a separate viotation of driving under the Influence, including such a charge reduced to reckless driving, or vehicular manslaughter, or a violation of CVC §23140, which resulted in a conviction, or separate administrative determination that you were driving with a BAC of.0.01% or more while.under age 21, or a separale administrative determination that you were driving with a BAC of 0. 01% or more while on DUS probation, or a BAC of 0.04% of more while operating acommercial motor vehicle, or a BAC of 0.08% ‘or more at any age, or.you refused a test, will result in a two-year administrative.revocation, Three or more offenses within ten years of ay ‘combination of the above |violations, convictions or separate administrative determinations: will result in a three-year adminisirative revocation. Refusalor failure to complete a chemical test may be used against you in court. " ew Refusal or failure to complete breath or urine testing wilt resull in a fine and mandatory imprlsonrient if you are convicted of a violation of ove §§23152 of 23153. ‘You do not have.the right to tatk to an altorney onhav an attorney present before stating whether you will submil {o a test, before daciding which test to take, or during the lest. DRIVER RESPONSE: Include statements or. actions by the eer that indicate a ratusal or fale of wah te [Will you tat lood Test? (Will you take Urine Test? TEST UNAVAILABLE: One or more tests were unavailable. [J Blood test unavailable ((] Urine test unavailable Explain: LANGUAGE: If not given in English, admonition was given in (1) Spanish (1 Other tanguage (spacify): Admonition Read by a Differont Officer: If the above Drug Admonition was read to arrestee by another afficer, indicate that officer's informalion: FFFIGER NAME [BAOGEAD NUMBER AGENCYONISION te Tr (ONE NUMDER v ” . . continued on nex!'page BS 367 (REV. 1/2019) — ‘fte se - b 5 a8 ‘A Prake Saees downey peat se : (oe 21 ND OLD| ER OFFICER'S STATEMENT | cove dgisabst 363., 199598 8 13089 367 Page 2 ‘Ree ORCEIENT RENE CHENIER? 7 FOROMVUSE ORI: i TET Rwe ere may7e3! 103/05. 7 cam a ‘Arrest Typo foe Ne A : ‘STATE ict’ sreven _ |C¥es 1INo A For staliptical purposes only. | Chetk all that apply. Cl] Alechol Use OFNB AGA 7 ia eves. 5-04 HEIGHT WEIGHT Iso (J Canhabis Use Cloth drug Use LICENSE: . [=] SuspendediRevoked 0%. Surrendered (Ath ied) L_] Notin Possession * {1} unligensed VIOLATION: PX) 0:08%-0 mote BAC Chemical Test Results: LJ 0.01% or more BAC (DU! Probation) . O tom or nore BAG (Cdinmerciat Vehicle) () Chemical Test Refusal (Complete Reverse) “" [] PAS or other Cheniical Test Refusal.(DU! Probation) (Complete Reverse) OBSERVATION/ARREST:. If driving or collision.was observed by someone other than the arresting officer, or if arrest was completed by another officer or person, input that person's information. {1} Driving or Coltision © C7 Arrest made Observation or Arrest made by “| C2 Driving or Cotision QO Arrest made ‘Observation of Arrest made by observed by: bys. ‘ Officer D Citizen observed by: y: Office 1 Citizen WANE (PLEASE PRINT NAME (PLEASE PRINT) ‘ RODRESS (ADDRESS TELEPHONE NUMBER ~[oaosEno wiMBER AGENCHOWETOR ” | TELEPHONE ROBER BADGENO WENGER AGENCMDIISION “ Trae To “NARRATIVE qe ( " ire tly On this page. * Deseribe ddtall tie (a8, otiservations, afd ‘crcumstanices that ted fo the stop or contact Prink 6 7 MEL Ca Apottionof anothey reportmay be ¢ dp 2d below but should be dated and-contalnan original signature, Attach arresi, collision, and/or supplemental report(s) if available. cM Mt arrest wads made per CVC'§40300.5 stata thd facls and circumstances (Nat Support the ‘arrest. : whe Ut Probation Violations: Indicate below how you determined the driver was on DUI probation. sau ynele oe | were on duty wearing the full uniform of the On February 5, 2023 at approximately 0105 hours, my partner Offi A, Ortiz, 10 22795, andharger (1540326). We were driving on US-101 — weg California Highway Patrol, Officer Ortiz was driving a full ity marked black and white Dodge Cl ” , south of Whipple Aveaue, In lane #2, when we notice’ da white sedan traveling at a high rate of speed. The white sedan changed northbound of approximately 94 miles per hour, and the lanes from lane #1, into lane #3, and back lato lane #1: Officer Ortiz estal blished a bumper pacebehind the white seda n, identified as a Toyota white sedan was galning distance from us. Officer Ortiz positioned the patrol vehicle directly Prius, and activated the patrol vehicle’s emergency lights and siren to initiate a traffic stop. | activated and the patrol vehiele’s Publle Address (PA) driver to exit the freeway. The dr accordingly , exited the freeway, stopped the vehicle on E. Hillsdale system and advised the iver ylalded king with the driver, Officer Ortiz —— i east of US-101, Officer Ortiz exited the patrol vehicle and made a passenger side approach, After spea e test. While requested } approach the driver to perform a preliminary eye test. tmade & driver side approach and performed a preliminary ey! speaking to the driver, | smelled a strong odor of an alcohotic beverage emit! ting from the vehicle and the driver's eyes were red and watery. After the pretiminary eye test, | requested Ng to exit the vehicle and walk ov jer to the sidewalk, Ng compiled, exited the vehicle and walked ov to the sidewalk. At this point there were high winds, heavy raln, and hail causing the sidewalk to become wet. ! preformed another preliminary admitted to drinking alcohol, Ng related that h ‘eye test on Ng. | asked Ng a series of pre FST questions, aad he rel Jated'the following: Ng never the effects of the drugs. Ng stated that he “bumped Is) consumes Adderall in the morning Lorazepam In the evening, Ng eel lated he did Ngnotwasfee!unable his head, to articulate where or how he bumped hls head.) ney head but never fost conscious,” Upon being asked when Ng bumped - Ng als 0 related that he did nat bump his head. While to speaking Ng, Heontinued to smell a strong odor of alcohol emitting from his breath an cl person and his eves were still red and water ry. Shad Ng perform a series of F5Ts. Ng did not perform the series of FSTs as explained and -— OBL os (0% demanstrated. nay Stee LGA ay sly, FE 139 m ag aae a 7 ny Bt aE a