Preview
F Superior Court of California F
County of Butte
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11/1/2018 L
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THE LAW OFFICE OF MATTHEW C, BENTLY
Matthew C. Bently, Attorney at Law SBN 288352 Ki D
Post Office Box 8012 By —_s Deputy
Chico, California 95927 Electronically FILED
Office (530) 592-0676
Fax (530) 433-5402
Attorney for Shae Thomas OD Ruggiretlo
Petitioner
SUPERIOR COURT OF CALIFORNIA.
COUNTY OF BUTTE
10
Shae Thomas OD Ruggirello, Case No.: 18CV03613
1 Petitioner,
VERIFIED PETITION FOR
12
ALTERATIVE WRIT OF
13 MANDATE TO SET ASIDE
VS. SUSPENSION OF DRIVING
14 PRIVILEGE;
REQUEST FOR STAY OF
15
SUSPENSION;
16 Director of the California Department of REQUEST FOR ATTORNEY’S
Motor Vehicles, FEES AND LEGAL COSTS
W7 Respondent. [Cal. CCP §1694.5; Cal. Vehicle Code
§13559]
18
19 Date: December 21, 2018
20 Time: 9:00am
21
22 Petitioner, Shae Thomas OD Ruggirello, at all times relevant to this Petition was and is
23 a resident of the County of Butte, State of California.
24 Respondent, Director of the California Department of Motor Vehicles, is the Chief
25 Executive Officer of the California Department of Motor Vehicles, a State of California
26 government agency, hereinafter referred to as “DMV”, and is empowered by Vehicle
27 Code §1650 to administer and enforce the provisions of the California Vehicle Code.
28 This Petition is made Pursuant to California Code of Civil Procedure section 1094.5 et
Ruggirello v. DMV: Petition for Writ of Mandate; Request for Stay; Request for Attorney’s Fees
Page 1 of 8
seq., on the grounds that Respondent’s decision to suspend Petitioner’s privilege to
operate a motor vehicle was a prejudicial abuse of discretion, arbitrary and capricious
because there was no probable cause to detain and seize Petitioner.
On June 22, 2018, in the County of Butte, State of California, Petitioner was detained
and seized by Officer Stewart, a law enforcement officer of the California Highway
Patrol for an alleged violation of California Vehicle Code section 24603(b). (Exhibit
“A”.) Attached to, and incorporated into, this Petition by this reference as Exhibit “A”
is a true and correct copy of Officer Stewart’s Driving Under the Influence Arrest-
Investigation Report.
10 Petitioner was arrested by Officer Stewart (Arresting Officer) for a violation of
li California Vehicle Code section 23152(a) and a violation of California Vehicle Code
12 section 23152(b). After the arrest, the Arresting Officer administered a chemical test
13 for blood alcohol concentration. Exhibit “A.” The chemical test reported a blood
14 alcohol concentration of .09 and .08.
15 Pursuant to California Vehicle Code section 13382(a), the arresting officer served
16 Petitioner with an Administrative Per Se Order of Suspension/Revocation Temporary
17 Driver License, a copy of which is attached to, and incorporated into this Petition by
18 this reference, as Exhibit “B”.
19 Prior to the suspension of Petitioners driver’s license, Petitioner was the holder of a
20 valid California driver’s license number D9612558 issued by the DMV.
ai Pursuant to California Vehicle Code section 13380, the Arresting Officer filed a sworn
22 statement (Form DS-367) with the DMV stating that there was probable cause to
23 believe Petitioner had been driving a motor vehicle in violation of California Vehicle
24 Code sections 23152(a) and (b). Attached to, and incorporated into, this Petition by this
25 reference as Exhibit “C” is a true and correct copy of the Arresting Officer’s Age 2/
26 And Older Officer’s Statement.
27 Petitioner timely requested an administrative hearing. The hearing was granted and
28 held on September 28, 2018.
Ruggirello v. DMV: Petition for Writ of Mandate, Request for Stay; Request for Attomey’s Fees
Page 2 of 8
10. The issues at the Administrative Per Se Hearing were:
A Did the Arresting Officer have reasonable cause to believe that the person had
been driving a motor vehicle in violation of California Vehicle Code section
23152 or section 23153;
B Was Petitioner lawfully arrested; and
Cc. Was Petitioner driving a motor vehicle with a .08 or higher blood-alcohol level.
11. The DMV introduced the following Exhibits into evidence at the hearing to supports its
finding:
A. Officer Stewart’s Driving Under the Influence Arrest-Investigation Report,
10 B. Administrative Per Se Order of Suspension/Revocation Temporary Driver
I License; and
12 C. Arresting Officer’s Age 2/ And Older Officer's Statement.
13 12. As required by the California Rules of Court, Rule 3.1140, a certified copy of the
14 transcript of the administrative hearing was ordered from the DMV, and will be lodged
15 with the Court as soon as it is received by Petitioner.
16 13. On September 28, 2018, the DMV issued a Notification of Findings and Decision
17 which stated that Petitioner’s privilege to drive a motor vehicle was suspended for 1
18 year, from October 10, 2018 through October 9, 2019. The suspension was under the
19 authority of California Vehicle Code section 13353.3. A copy of the Notification of
20 Findings and Decision is attached to, and incorporated into, this Petition as Exhibit
“DD”
21
22 14. Petitioner was unlawfully seized by the Arresting Officer because there was no
23 probable cause to detain Petitioner.
24 15. The Fourth Amendment of the United States Constitution, and Section 13, of Article 1
25 of the California Constitution, guarantees an individual the right to be free of
26 unreasonable searches and seizures by law enforcement personnel. (U.S. Const., 4th
27 Amend.; Cal. Const. Art. I, §13; Terry v. Ohio (1968) 392 U.S. 1, 8-9, 88 S.Ct. 1868,
28 20 L.Ed.2d 889; People v. Thompson (2006) 38 Cal.4th 811, 817, 43 Cal.Rptr.3d 750,
Ruggirelio v. DMV: Petition for Writ of Mandate; Request for Stay; Request for Attomey’s Fees
Page 3 of 8
135 P.3d 3; People v. Strider (2009) 177 Cal.App.4th 1393, 1398 [100 Cal.Rptr.3d 66,
69].)
16. A seizure occurs when an officer by means of physical force, or show of authority, has
in some way restrained the liberty of a citizen. (Terry v. Ohio, supra at footnote 16.)
17. Petitioner was seized by the Arresting Officer because the Arresting Officer states in
his written report, “I hand stopped the s/v [suspect vehicle]” (Exhibit “A”, Page 4, line
7) while “...I was in full uniform driving a marked CHP patrol vehicle...” (Exhibit
“A”, Page 4, line 3.) Therefore, Petitioner was seized by the Arresting Officer for the
purpose of the Fourth Amendment of the United States Constitution, and Section 13, of
10 Article 1 of the California Constitution.
il 18 As a general matter, the decision to stop an automobile is reasonable where the police
12 have probable cause to believe that a traffic violation has occurred. (Whren v. United
13 States (1996) 517 U.S. 806, 810, 116 S.Ct. 1769, 135 L.Ed.2d 89; People v. Lomax
14 (2010) 49 Cal.4th 530, 405.) In People v. Scott, the California Supreme Court analyzed
15 probable cause. (People v. Scott (2011) 52 Cal.4th 452, 474 [129 Cal. Rpir.3d 91, 114,
16 257 P.3d 703, 722].) The Court stated: “Probable cause exists when the facts known to
17 the arresting officer would persuade someone of ‘reasonable caution’ that the person to
18 be arrested has committed a crime. (Dunaway v. New York (1979) 442 U.S. 200, 208,
19 fa. 9 [99 S.Ct. 2248, 60 L-Ed.2d 824].) ‘[P]robable cause is a fluid concept—turning on
20 the assessment of probabilities in particular factual contexts....' Ulinois v. Gates (1983)
21 462 U.S. 213, 232 [103 S.Ct. 2317, 76 L.Ed.2d 527].} It is incapable ofprecise
22 definition. (Maryland v. Pringle (2003) 540 U.S. 366, 371 [124 8.Ct. 795, 157 L.Ed. 2d
23 769}.) ‘“The substance of all the definitions of probable cause is a reasonable ground
24 for belief of guilt,”’ and that belief must be ‘particularized with respect to the person to
25 be ... seized,” (Ibid.)” (People v. Celis (2004) 33 Cal.4th 667, 673, 16 Cal. Rptr.3d 85,
26 93 P.3d 1027.) Although not expressly stated in California Vehicle Code section 13353
27 or 13557, in order for the DMV to meet the second prong of the Administrate Per Se
28 hearing, “That the person was arrested,” the DMV must show that the person arrested
Ruggiretlo v. DMV: Petition for Writ of Mandate; Request for Stay, Request for Attorney’s Fees
Page 4 of 8
was arrested lawfully. (Mercer v. DMV (1991) 53 Cal.3d 753.)
19. In the case at bar, the Arresting Officer states that his probable cause to seize and detain
Petitioner was that he, the Arresting Officer, saw Petitioner driving a red pickup pulling
a trailer “...with two jet skis...” and the trailer with the 2 jet skis did not have working
break lights. (Exhibit “C” at page 2; Exhibit “A” at page 4, lines 3 through 11.)
20 At the administrative hearing, Petitioner called to testify Eric McCullough
(McCullough), a passenger in Petitioner’s vehicle at the time of the detention and
seizure. Under oath, McCullough testified that Petitioner was not pulling a trailer with
two jet skis, but in fact was pulling a boat. (Exhibit “D”, Section I Findings of Fact.)
10 Therefore, the Arresting Officer saw the wrong trailer with malfunctioning break lights.
i Not Petitioner’s trailer.
12 21 Respondent made a factual determination that Petitioner was pulling a trailer with a
13 boat and not 2 jet skis. (dbid.) Therefore, Respondent’s finding that Petitioner was
i4 lawfully arrested is arbitrary and capricious because Respondent ignored the evidence
15 that the Arresting Officer unlawfully detained Petitioner because the Arresting Officer
16 saw a trailer, other than Petitioner’s, without working break lights because the
17 Arresting Officer saw a trailer with 2 jet skis that did not have working brake lights.
18 Petitioner’s trailer had a boat, not 2 jet skis.
19 22. Respondent’s finding that Petitioner was lawfully arrested is arbitrary and capricious
20 because Respondent ignored the evidence and made a factual finding that the Arresting
21 Officer had probable cause to detain Petitioner based upon the Arresting Officer’s
22 observation of driving. (ibid.}
23 23. As demonstrated in the Arresting Officer’s Driving Under the Influence Arrest-
24 Investigation Report, page 4, lines 3 through 11, and Age 2] And Older Officer’s
25 Statement, page 2, the sole basis for the Arresting Officer’s seizure and detention of
26 Petitioner was the trailer with 2 jet skis that did not have brake lights. (Exhibits “A”
27 and “C”.)} There are no other driving observations.
28 24. Respondent’s finding that Petitioner was lawfully arrested because of the “...details of
Ruggirello v. DMV: Petition for Writ of Mandate; Request for Stay; Request for Attorney’s Fees
Page 5 of 8
the contact...” (Exhibit “D”, Section | Findings of Fact) is arbitrary and capricious
because the details of the contact as reported by the Arresting Officer’s Driving Under
the Influence Arrest-Investigation Report, page 4, lines 3 through 11, and Age 21 And
Older Officer's Statement, page 2, demonstrate that the only reason for the contact was
that the Arresting Officer saw a trailer pulling 2 jet skis that did not have brake lights.
25 As shown by the evidence, and documented in the DMV’s Findings of Fact,
Petitioner’s vehicle was not pulling a trailer with 2 jet skis, but a trailer with a boat.
(Bid)
26 Petitioner is beneficially interested in this action because Petitioner is a party directly
10 affected by the action of Respondent in suspending his privilege to operate a motor
11 vehicle.
12 27 Petitioner needs his license to drive to and from and in connection with his
13 employment, to provide care for his child, as well as personal needs. Unless the Order
14 of the DMV is stayed, Petitioner will suffer irreparable damage and injury since he will
1S be unable to continue his employment and unable to financially support himself, his
16 family or his home, thus resulting in severe economic loss and distress. Furthermore,
17 Petitioner has no friends or family members in the area to drive him to his place of
18 employment or during the scope and duties of his employment, nor to assist him in the
19 care and maintenance of his personal home and business needs. See Mackey vy.
20 Montrym, 443 U.S. 1, 10-11 (1979) (“[The driver’s interest in] continued possession
21 and use of his license pending the outcome of the hearing due him ... is a substantial
22 one, for the Commonwealth will not be able to make a driver whole for any personal
23 inconvenience and economic hardship suffered by reason of any delay in redressing an
24 erroneous suspension....”); Dixon v. Love, 431 U.S. 105, 113 (1977) (“a licensee is not
25 made entirely whole if his suspension or revocation is later vacated”); Berlinghieri v.
26 Department of Motor Vehicies, 33 Cal. 3d 392, 397, 188 Cal. Rptr. 891 (1983) (“We ..
27 emphasize that we view the “right to drive” herein as important, indeed “fundamental”
28 for purposes of seiecting the standard of judicial review of the administrative decision
Ruggirello v. DMV: Petition for Writ of Mandate; Request for Stay; Request for Attomey’s Fees
Page 6 of 8
to suspend the driver's license”).
28. Petitioner’s privilege to operate a motor vehicle is not suspended or revoked for any
reason other than those stated in this Petition.
29. As required by California Rule of Court, Rule 3.1142, a copy of the Petitioner’s driving
records from the DMV is attached to this Petition as Exhibit “E”.
30 Petitioner does not have a speedy and adequate remedy at law because there is no stay
of the suspension pending an appeal from Respondent’s order suspending the privilege
to operate a motor vehicle. Petitioner’s only method of review of that order and stay of
the suspension is by writ of mandate in this Court.
10 31 As the result of Respondent’s action, Petitioner was required to employ an attorney to
Wi prosecute this Petition and is personally obligated to pay attorney’s fees and costs
12 incurred herein. Respondent’s action was without legal authority, lacked any basis in
13 law or fact, and was not supported by the evidence. The action was, therefore, both
14 arbitrary and capricious under the provisions of Gov’t Code §800, and Petitioner
i5 requests this Court award attorney’s fees and legal costs of prosecuting this Petition.
16 32. Counsel for Petitioner anticipates that the costs associated with the Petition are
17 expected to range from $450 to $750, and that attorney’s fees will be $5,000.
18 Petitioner prays that:
19 33. An alternative writ of mandate issue under the seal of the Court commanding
20 Respondent Director of the DMV to set aside and revoke the DMV’s suspension of
21 Petitioner’s driving privilege or to show cause before the Court at a time and place to
22 be specified by the Court why it has not done so, and why a peremptory writ should not
23 issue.
24 34 Pending the hearing and final judgement of the Court in this matter, the DMV be
25 ordered to immediately stay the operation of the order suspending Petitioner’s driving
26 privilege, and immediately reinstate his license to operate a motor vehicle.
27 35 The Court order Respondent to pay attorney’s fees and legal costs pursuant to
28 California Government Code section 800 and Code of Civil Procedure section 1095.
Ruggirello v. DMV; Petition for Writ of Mandate, Request for Stay; Request for Attorney’s Fees
Page
7 of 8
L af
36. For such order and further reliefas this Court deems just and proper.
Dated: “/26/7¥
Matthew C. Bently, sien ed Petitioner
Dated: |O “U4 “lol € Dlengae2
Shae Thomas OD Ruggirello, Petitioner
10 VERIFICATION
ll
12 I, the undersigned, declare under penalty of perjury under the laws of the State of
13 California that the foregoing is true and correct, except as to the matters which are herein
14 stated upon information and belief, and as to those matted, I believe them to be true.
15
16 Dated: (o- U4 -wls Aho Myth
Th Shae Thomas OD Ruggirello, Petitioner
18
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24
25
26
27
28
Ruggirello v. DMV: Petition ‘for Writ of Mandate; Request for Stay; Request for Attorney’s Fees
Page 8 of 8
Exhibit A
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA IIGHWAY PATROL
{R] Wisdemesnor —[T] Domestic Vioince (Refer HP 100.88) PAGE 1 OF 5we
COURT FILE NUHBER ‘EVIDENGEIPROPERTY
DRIVING UNDER THE INFLUENCE
ARREST-—INVESTIGATION REPORT
4 Felony BUTTE 30324018 (ives [x]no Gz
AREA [BEAT COLLISION REPORT NUMBER
CHP 202 (Rev, 4-17) OPI 061 240 020 ES
DATETIME OF ARREST REPORT DATE/TIME OF INCIDENT [x] same LOCATION OF ARRESTINCIDENT wars Beye Tso is
2
06/21/2018 1561 LARKIN RD. @ AFTERBAY ENTRANCE Disc# 4
CITATION NUMBER ‘OFFENSE(S) CHARGED OR INVESTIGATED: 23152(A) VC, 23152(B) VC [JUS s71s REQUIRED
NUMBER
bors [ye ig
DW 11154
SUBJECT NO 1 OF I
NAME flast, frst, middie) RESIDENCE ADDRESS 695 OREGON ST.
RUGGIRELLO, SHAE THOMAS ‘Gridley CA 95948 US.
AKA HOME PHONE MAILING ADDRESS fk] same ig Gl
(916)349-6669
RACHETIMGHY ‘SEX GIRTHDATE HAIR [EVES | HEIGHT WEIGHT PLAGE OF BIRTH (oily, state, country} DISPATOR
White (M 02/23/1987 BRN [BLU 5-06 145 Sacramento CA_US
NOTIFIED
DRIVER LICENSE NUMBER STATE ‘DDL STATUS ISG (SSN, INS & ETC.) mol &
CA ALID THE 1501
EMPLOVER ‘BUSINESS PHONE BUSINESS ADDRESS
UNKNOWN LOG 1148
‘SGOKING, Ci, FEL ETC, NUMBER(S) WHERE SOOKEGCONFNED DATE FINGERPRINTED
Butte County Jail 6/22/2018 1533. gprs [80
NGTIFICATION (Who, How, When} EXPLAIN
IN NARRATIVE. TOTIFED BY:
M
(F vuvene (D FOREIGN Nationa, (CJ mmunrry coe
VEHICLE
TICENSE STATE YEAR VINGEN NUMBER VEHICLE WAS: PARKED neLeasco | STORAGE AUTHORITY
12915K2 CA 18 ACERRGFTSHS305246 [1] sroneo RECOVERED tepounoeD
WERYEAR | MAKE ‘BODY STYLE COLOR BODY TYRE ‘LOCATION OF VERIGLE/RELEASED TO/ADDRESS/TELEPHONE NUMBER
2017 DODG RAM RED Pickup ERIC MCCULLOUGH - (530)434-1452
NAGE OF REGISTERED OVINER Px] SAHEAS SUBJECT ADBRESS fe] same as suave:
Nae OF LEGAL OWNER [Jsane ase ADDRESS PO BOX 961272 LOCATION
OF KEYS
CHRYSLER CAPITAL FORT WORTH TX 76161 US WITH VEHICLE
WITNESS/PASSENGERI/VICTIM ‘PHONE
‘SIRTHOATE ‘SEX | NAME [Livrness ig] passencer Deen 586 E. GRIDLEY RD. RES: (91 6)3.49-6669
62/13/1958 {M_BVILLIAM RUGGIRELLO Gridley CA 95948 US.
(WaTNESS PASSENGER Dom 125 2 VERMONT ST. RES: (530)434-1452.
09/25/1988 _{M_|ERIC MCCULLOUGH Gridley CA 95948 US
[LJermess []rassencen Liven RES:
aus:
Lowrness [J rasscncen [J vers es
jaus:
ADMONITION OF RIGHTS
4. YOU HAVE THE RIGHT TO REMAIN SILENT, 3. YOU HAVE THE RIGHT TO TALK WITH AN 4. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE
ATTORNEY AND TO HAVE AN ATTORNEY PRESENT APPOINTED FREE OF CHARGE TO REPRESENT YOU
2. ANYTHING YOU SAY GAN AND WILL 8E BEFORE AND DURING QUESTIONING. BEFORE AND QURING QUESTIONING, IF YOU DESIRE,
USED AGAINSTYOU IN A COURT OF LAW.
‘THE ABOVE STATEMENT WAS READ TO THE ARRESTEE 8Y:
[lvctaoveen L Aawestine orricen Clee ia Me:
‘Bo Va ONOERSTANG BAGH Gr THESE RIGS NAVE HAVING THESE RIGHTS HIRD, WAIVER STATEMENT
EXPLAIKEDTo YOU? DO You WISH TO TALK To US
Ne
Cy or Oo Oo»
MISDEMEANOR INCARCERATION {To be completed upon physical arrast for any misdemeanor, pursuant to Pana! Code Section 863.6)
“Ths person arrested:
4 ] 95 50 Intoxicated as to be a danger to himseltinersetf or others. 6 [Ly # leased immmeciately, would jeopardize the prosecution af the offense
‘oF otfenses for which arrested or the presecution of aay other offenses.
20 required medical examination or mecical care or was otherwise unable to
care for htsinar avin safety. Oo ‘would be reasonably fikely tp continue the offense ar sifenses, or the safety
otprsans or popes would be aminenyendarerod innately
‘was arrested under one or more of the ecumstances listed in
3b ‘Sections 40302 and 40303of the Vehicle Cods { Note 5 and Sif [L] demanded 19 be taken tefore a magistrate or refused to sign the cation
also applicable)
4. [7] fad one or more outstanding arrest warrants issued. [LD] would not aprear atthe time and place specified inthe notice
5. [[] could not provide satisfactory evidence of personal ienttcaion 10. [[] comantc violence (rafer to PH 100,69)
ARRESTING/INVESTIGATING OFFICER (Print aamoteank) 1.0. NUMBER REVIEWED BY (Prat nomaraoe) 1D. NUMBER
C. Stewart/ Officer
Bask a OSE 00000B
nuRiS, [sor [StS q iI shie
. STRONG
LAST NAME, FIRST NAME, MIDDLE INITIAL CITATIONICASE # PASE 2 oF §
RUGGIRELLO, SHAE THOMAS DW 11154
*ALL QUESTIONS ASKED PRIOR TO FST'S: INVESTIGATION INTERVIEW
DO YOU KNOW OF ANYTHING MECHANICALLY WRONG WITH YOUR VEHICLE? OESCRIBE, ARE YOU SICK OR INJURED? DESCRIBE. (Yves kno
(yes [i]no
"ARE VOU DIABETIC OR EPILEPTIC? DO YOU TAKE INSULIN? Pillsfiajection) (09 YOU HAVE ANY PHYSICAL IMPAIRGSENTS? DESCRIBE. (Put, Logs, Aviles oF Hips) Ey ves [Ry no
Olves E] no Cl ves ] no
WHEN 0:5 YOU CAST SLEEP? HOW LONG? | WHEN DID YOU LAST EAT? CESCRIBE
LAST NIGHT TOHRS | 45 MIN AGO CHIPS:
WERE YOU DRIVING THE VEHICLE? WF NO, WHOT WHERE 1D YOU START DRIMING?
WHERE WERE YOU GOING?
ves NO a LAKE TWIN BROTHERS HOUSE
WHERE WERE YOU STOPPED? WHAT HAVE YOU BEEN DRINKING? | HOW MUCH? TINE STARTED HME STOPPED
LARKIN COORS LIGHT 2-120Z 2HRS AGO 20 MIN AGO
LOCATION WHERE YOU WERE DRINKING? WAMEIADORESS BO VOU FEEL THe EFFECTSGF THE ORINKS? DESCRIBE. Cyres BET te
LAKE
BID YoU BUMP VouR HEAD? "RAVE YOU SEEN DRINKING SINGE THE ACCIDENT? IFES, WHAT? ‘HOW MUCH?
Chves noBl wa ] ves C1 wo El wa
ARE VOU UNDER THE CARE F YES, NAWE AND ADDRESS RECENT SURGERY PERFORNEST
oF anocroRORoenTist? [] ves [E] No
ves EE]wo
HAVE YOU TAKEN ANY
MEDICINE OR DRUGS? (ves [Jno IF YES, WHAT? ROW wien? TE OF LAS? Dosace
“(Explain in Narrative)
DO VOU FEEL THE EFFECTS OF THE MEDICINEDRUGS? DESCRIBE. Eyes Ey ne
N/A
ti
OBJECTIVE SIGNS/APPEARANCE/FIELD SOBRIETY TEST LOCATION
REATH ODOR OF ALGONOLIC BEVERAGE ]GLASSESILENSES: BYES (appearance) DEWEANOR ‘SPEECH
PRESENT ves [] xo iClves Eno RED & WATERY | CALM NORMAL
CLOTHING WIGAN: CONDITION AND DESCRIPTION,
CLOTHING IN FAIR CONDITION: GRAY TANK TOP, SWIM SHORTS, SANDALS
DESCRIBE TEST LOCATION, SURFACE, WEATHER, AND LIGHTING
FIRM ASPHALT ROAD, HOT, DAYLIGHT
PRELIMINARY ALCOHOL SCREEN INFORMATION
BAS. Admonition: tam requesting that you lake a preliminary alcohol screening test to further assist me in determining whether you are under the
Influence of alcohol. You may refuse to take this test; however, this is not an implied consent test and If arrested, you will be required to give 5
sampie of your blood, breath, or urine for the purpose of determining the actual alcoholfe and drug content of your blood,
THE SUBJECT WAS ADVISED OF THE ASOVE STATEMENT BY:
1 wa E]_arresrins oFFicen: DD or Lo. vie 1459
‘AG SERIAL NUMBER TEMBERATURE ‘ZEROED RESULTS WOT TET RESULTS HOLE TED RESULTS NO. 3 Ut neednay rane F
17170095 IN RANGE |E] ves CJ no [1 senses 092 1459 -096 1501
‘Tecation oF TEs [Ey Atscone “BREATH SARALE ‘OFRCER ADMINISTERING PAS TEST fe] araestiNe oFriceR LD. NUMBER AREA
[El saonac 1 meat 2 on
CHEMICAL TEST INFORMATION
TET imptied Consent Admonishment, 22642 V.C. DRUG ADMONISHMENT EE]a ATTACHMENTS: TE] cue aaa one (iy ove
EE]. Refused Test{s) {Complete DS 367} Ll ves [1 Rotused (Complete 08 367) A
TPEOF TEST TIME 1D. OF SAMPLEIS) RESULTS IF AVAILABLE DISPOSITION OF SAMPLEIS)
121 Breats 1524 1526 .09 08 ATTACHED W/REPORT
2] Boos
aC] urine
TEST GIVEN LOCATION WHERE TEST WAS cowoUCTED NAME AND TITLE OF PERSON GIVING TEST OR TAKING SAMPLE
1 Butte County Jait TE] arnestisa orricen Cloe
2 1 anrzstins ofricer C1 or
3 LL] annestins opnces CTon
TROMBETTA ADVISEMENT
‘A. The breath testing equipment doas NOT retain any breath sample for later analysis by you or anyone else,
8. If you want a sample retained, you may provide a blood or urine sample that will be retained at no cost to you. If you do so, the bloed or urine
sample may be tested for alcoholic or drug content hy either party in a criminal prosecution.
C. Do you wish to provide an additional sample? Cl] ves Gl no Ona "NO"
WATSON ADVISEMENT
‘You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, It is extremely
dangerous to human life to drive while under the influance of alcohol or drugs, of both. f you continue to drive while under the influence of alcoho! or drugs, or
both, and, as a result of that driving, someone is Killed, you can be charged with murder.
DO YOU UNDERSTAND []ves []no READ VERSATIM: []ves [] no [i] ew not aoe “(Explain in Narrative)
[larrestncorricer [Jor io
Deskoy Sevnos Cao i cea Aust Ghpate oat? pat
000007
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE 3 OF 5
DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD. NUMBER
06/21/2018 1501 9240 018841
FIELD SOBRIETY TESTS (FST’S):
(| RECEIVED VERBAL AFFIRMATION THAT RUGGIRELLO UNDERSTOOD THE
INSTRUCTIONS PRIOR TO PERFORMING EACH FST)
i.Horizontal Gaze Nystagmus: Ruggirello’s eyes lacked the ability to smoothly follow a moving
stimulus (my left index finger). Ruggirelio displayed distinct nystagmus at the extremes and
nystagmus prior to 45 degrees.
10 2.Walk and Turn: Ruggirello raised both arms approximately 6 inches from his sides throughout
a this test. Ruggirello missed heel toe contact by approximately 1 inch on step 2 on his first set of
12 steps. Ruggirello missed heel to toe contact by approximately 2 inches on step 9 on his last set of
13 steps.
14
15 3.One Leg Stand: Ruggirello swayed in a left to right fashion approximately 1 inch from center
16 and raised his right arm approximately 6 Inches from his side throughout this test.
1?
18 4.Preliminary Alcohol Screening Test: | advised Ruggirello of the P.A.S. admonishment and he
19 agreed to perform this test. Ruggirello provided two breath samples with results of .092% and
20 .096%, ethyl alcohol presence.
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25
26
27
28
29
36
31
32
33
34
35
36
37
38
39
40
41
42
PREPARED BY CO. NUMBER DATE REVIEWER'S NAME DATE
C. STEWART / OFFICER 018841
oo000e8
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE 4 OF 5
DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD. NUMBER
06/21/2018 1501 9240 018841
First observations:
On 6/21/2018, at approximately 1446 hours, | was in full uniform driving a marked CHP patrol
vehicle on Larkin Road approaching the Afterbay entrance/exit. | observed a red pickup (s/v,
subject vehicle) pulling a trailer (bearing CA license plate #4NV4731, 1972 Highl, well over 30
inches in width) with two jet skis stopped at the Afterbay exit at Larkin Road. | turned right into the
Afterbay entrance. As | passed the s/v, | observed the s/v’s brake lights to be activated, but the
s/'s trailer's brake lights were not activated (violation of 24603(b) VC). As | turned my patrol
vehicle to exit the Afterbay and follow the s/v, | observed the s/v turn a u-turn on Larkin Road and
10 travel back toward my location. | stopped my patrol vehicle and exited as the s/v approached my
WW location. | hand stopped the s/v.
12
13
14 Observations after the stop:
15
16 ! contacted the driver through the open driver's side window and advised him of the reason for the
17 stop. The driver advised me (in essence) that he was returning to the lake to retrieve his hat. |
18 smelled the odor of an alcoholic beverage emitting from within the s/v and the driver's eyes were
19 red and watery. | asked the driver if he had consumed any alcoholic beverages prior to driving,
20 and he advised he had two beers on the lake. | directed the driver to retrieve his license and exit
21 the s/v, while | positioned my pairol vehicie behind the s/v and its trailer. As | turned my patrol
22 vehicle, | observed the driver exit and stand outside the driver's side door. | positioned behind the
23 s/v's trailer, exited my patrol vehicle, and directed the driver to meet me behind the s/V’s trailer. |
24 obtained the driver's California driver license (identified as Shae Thomas OD Ruggirello with a
25 DOB: QE. | smelled the odor of an alcoholic beverage emitting from Ruggirello’s breath as
26 | stood approximately 4 feet away from him. | explained and demonstrated a series of FST’s for
27 Ruggirello. Ruggirello was unable to perform the FST's as explained and demonstrated.
28
29
30 Arrest:
31
32 Based upon my observations of Ruggirello driving, Ruggirello’s objective signs of intoxication {i.e.
33 ted and watery eyes, odor of an alcoholic beverage), his admission to consuming alcoholic
34 beverages prior to driving, and his performance on the FST’s, | formed the opinion that Ruggirello
35 was driving the s/v while under the influence of an alcoholic beverage.
36
37 At 1501 hours, | placed Ruggirello under arrest for violating section 23152(a)-DUI. | advised
38 Ruggirello of implied consent per 23612 VC, and gave him the option of a blood or breath test.
39 Ruggirello chose a breath test. | determined passenger McCullough was sober and | released the
40 vehicle to him. Prior to McCullough pulling away in the s/v, | observed the driver's side brake light
44 on the trailer activate, but the passenger's side trailer light again did not activate. | transported
42 Ruggirello to the Butte County Jail for the breath test. Prior to administering the breath test,
43 Ruggirello was observed for fifteen minutes and he did not vomit, regurgitate, drink, eat, or smoke
PREPAHED BY TO NUMBER DATE REVIEWER'S NAME DATE
C. STEWART / OFFICER 018844
oc0c09
STATE oO! CALIFORNIA
SUPPLEMENTAL ES
DATE OF INCIDENT TIME iG NUMBER NU
06/21/2018 1501. 9240 018844
within those fifteen minutes. | administered the breath test to Ruggirello resulting with two
readings of .08% and .08% ethyl alcohol. | booked Ruggirello into the Butte County Jail with his
property.
Recom: ndations:
| recommend this report be forwarded to the Butte County District Attorney’s Office for review and
prosecution of Shae Thomas OD Auggirello for violating sections:
10
W 23152(a) VC- Driving under the influence of an alcoholic beverage
12 23152(b) VC- Driving under the influence of an alcoholic beverage with a BAC of .08 or greater
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22
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PREPARED BY LD. NUMBER DATE REVIEWER'S NAME DATE
C. STEWART / OFFICER 018841
000070
Exhibit B
oy
wa
AGE 21 AND OLDER - PAGE 3 APS
aaa ADMINISTRATIVE PER SE
A Public Service Agony DRIVER MUST BE GIVEN A COPY OF THIS
SUSPENSION/REVOCATION ORDER ORDER WHEN COMPLETED BY THE OFFICER
COMPLETE IN BLACK INK AND TEMPORARY DRIVER LICENSE OMY Teleahone Number 948} 857-0214
(AW
ENFORCEMENT AGENCY CASE ND. Ree unene st RE ‘BMY USE ONLY
i i ‘i
GRIVERS MAME F FRASER ~y BRIVes LICENSE NO. COMMERCIAL? © THunde PRINT
ee st (Aegnt thumb or spectty}
SAILING ADDRESS
Ake vd ives Gas |
GP HOGE
a ix ie af
DOB:
a4 Hair:
free rs7 3 a Ht Weg
Diver icenee: oO Suspended Revered Suerendared {Aitached) (5 notin ssession i Unlicensed
{_] 0.01% or mare BAC DUI Prebation {_ Pas or other Chemical Test Reiusal - (DUI Probation)
6.04% of mare BAC/COMM YEH Chemical Test Refusal
fho.9% ‘or munre RAG Chemijoal Tests Resutis [| forced Binad Test 4
You are hereby notified that your privilege to operate a motor vehicle will be suspended or revoked effective30 days from th a issue date
of this order as shown below, and until you pay a $126 reissue fee and file proof of financial responsibility as shown on the reverse.
: TEMPORARY DRIVER LICENSE
This document must be carried with you and sh: all serve as your temporary Callfornia driver license. It is subject to the same class(es)
and all restrictions as your permanent driver license: This temporary driver license does not provide you with any driving privileges
it do not have 4 California driver license or your license is ex (pired, Suspended, revoked; canceled ot denied. expires at
midnight 30 days fromthe issue date of this order shown below.
his action is taken under authority of Section 13353, 13353.1, 13353.2 and 13389 of the California Vehicle Code one on were Taal
or detained for driving under the influence of alcohol and/or drugs and:
BAC 0.61% PAS, Breath,