California Court of Appeal

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People v. Conley, C070272

Defendant's conviction for driving under the influence and related offenses is affirmed where: 1) in light of the brief intrusion on defendant's liberty and the clear threat to defendant's and the public's safety posed by an apparently intoxicated man in the middle of a public road, officer's directive was reasonable and did not constitute an illegal detention; 2) probable cause supporting the arrest was based on defendant's condition, preliminary alcohol screening test results, his admission that he drove the vehicle, and the fact that the vehicle was running and partially obstructing the road; 3) defendant has not carried his burden of proving prejudice on his ineffective assistance of counsel claim; and 4) defendant's contention that evidence was insufficient to support his convictions because no one saw him driving is without merit.

Appellate Information

  • Decided 12/10/2012
  • Published 12/10/2012

Judges

  • Mauro

Court

  • California Court of Appeal

Counsel