Higgins v. Department of Motor Vehicles CA3

Filed 6/29/23 Higgins v. Department of Motor Vehicles CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Calaveras) ----

CODY HIGGINS,

Plaintiff and Appellant, C096119

v. (Super. Ct. No. 21CF13535)

DEPARTMENT OF MOTOR VEHICLES,

Defendant and Respondent.

The Department of Motor Vehicles (DMV) suspended the driver’s license of appellant Cody Higgins for driving with a blood alcohol concentration of 0.15 percent. Higgins brought a petition for writ of mandate challenging the suspension. The trial court denied the petition. On appeal, Higgins contends that officers lacked reasonable suspicion to stop the car in which he was a passenger when Higgins returned with a friend to the pickup truck Higgins abandoned after a police pursuit. Disagreeing, we affirm.

1

BACKGROUND Around 2:30 a.m. on November 12, 2019, Angels Camp police officer Anthony Sterrett saw a white Dodge RAM pickup truck driving 70 miles per hour in a 55 miles per hour zone. Officer Sterrett pursued, activating his red and flashing blue lights. The truck accelerated, and Officer Sterrett turned on his siren. The truck accelerated to 95 miles per hour (at this point, in a 50 miles per hour zone). The truck turned into a commercial parking lot, and Officer Sterrett followed through the parking lot. Finally, the truck stopped with its front half blocking a roadway. Officer Sterrett radioed the license plate number of the truck to Calaveras County Sheriff’s Office dispatch. When Officer Sterrett got out of his patrol car and approached the truck, he found no one inside. Officer Sterrett requested backup after informing dispatch that the driver had fled on foot. Dispatch advised Officer Sterrett that Higgins was the registered owner of the truck and that he was an associate of one Kimberly Ross. Two sheriff’s deputies arrived to assist in the search for the driver. After an hour of searching, they gave up and returned to search the truck, recovering live ammunition and a large amount of alcohol beverage containers. During the search, Officer Sterrett saw a red Honda drive into the area and five minutes later start to drive away. He recognized the car as belonging to Ross. Officer Sterrett attempted to stop the Honda with his flashlight and hand signals, but the car pulled away. After dispatch confirmed that Ross was the registered owner of the Honda, Officer Sterrett told one of the deputies to effect a traffic stop. Ross was driving the Honda with Higgins in the passenger seat. After advising Ross of her Miranda1 rights, Officer Sterrett questioned Ross. Ross said that Higgins contacted her earlier and told her he had been out of the area drinking and planned