Harris v. Smith

Opinion

REGAN, Acting P. J.

Plaintiff appeals from a judgment of dismissal entered after the trial court granted defendant’s motion for nonsuit. We affirm.

Facts

On the evening of October 21, 1978, Matthew McNamara and John Alexander were returning home from Lake Tahoe traveling west on Highway 50. After determining they were proceeding at a speed of 72 miles per hour, El Dorado County Deputy Sheriff David Kreps stopped their vehicle. Officer Kreps issued a ticket to McNamara, the driver, for speeding.

Officer Kreps detected the odor of alcohol on McNamara’s breath, and learned he had been…