Elmore v. Gordon

Filed 12/30/21 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

STEVE LOUIS ELMORE, B308328

Plaintiff and Appellant, Los Angeles County Super. Ct. No. 19STCP03929 v.

STEVE GORDON, as Director, etc.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Mitchell L. Beckloff, Judge. Affirmed.

Markelz Law Group and Christopher Markelz for Plaintiff and Appellant.

Rob Bonta, Attorney General, Chris A. Knudsen, Senior Assistant Attorney General, Gabrielle H. Brumbach, Supervising Deputy Attorney General, and Victoria Jalili, Deputy Attorney General, for Defendant and Respondent. ____________________

A little past midnight and about 15 yards north of the Mexican border, Miguel Ponce of the Border Patrol sat in his parked cruiser. He was on the lookout for people cutting through the border fence and running to large vehicles, like minivans, that would take them away. After 17 years on the job, Ponce anticipated this tactic. A black minivan drove into this restricted area, which was off limits to the general public; this commercial lot was limited to daytime tractor-trailers bound for Mexico and waiting to pass through the nearby port of passage between the nations. Cars entering this area by mistake and seeing a patrol car typically asked for directions. “They don’t normally just go in, do a U-turn and then take off.” There was “a lot of ambient lighting” that made Ponce’s marked car “pretty visible.” The setting meant the minivan driver saw Ponce’s car. The minivan got about 20 yards from Ponce and then U-turned abruptly; its tires made a “squelch” sound. Ponce heard the driver rev his engine as the minivan “fled off” at a “high rate of speed” that was “definitely faster than what cars drive in that area normally.” Ponce decided to follow and to stop the minivan. Driving the minivan was Steve Louis Elmore, who avoided eye contact and spoke with slurred speech. He smelled of alcohol. Elmore’s eyes were bloodshot and watery. It appeared he had urinated on himself. Police warned Elmore his license would be suspended or revoked if he refused to take a chemical test for alcohol. Elmore refused. Officials obtained a warrant for a blood draw showing Elmore’s alcohol level was more than twice the limit.