Three Strikes Law Drunk Driving California Case
In People v. Martinez (1999) 71 Cal.App.4th 1502, police stopped Martinez for driving while intoxicated.
After Martinez refused to take a sobriety test, a search found methamphetamine on Martinez's person and a forced blood sample revealed that Martinez consumed phencyclidine. ( Id. at pp. 1507-1508.)
Prior to his current offense, Martinez suffered three serious felony convictions, including personal use of a deadly weapon, robbery, and attempted robbery.
Martinez also had suffered three felony convictions for either public intoxication or use of a controlled substance, two convictions for battery, one conviction for brandishing a deadly weapon, and one conviction for assault. ( Id. at p. 1512.)
Martinez was sentenced to life imprisonment under the Three Strikes law for possessing methamphetamine and attempting to deter a peace officer from carrying out his duties.
Although his final offenses were neither violent nor serious, we determined that his sentence did not "shock the conscience" ( id. at p. 1517) and that "defendant's recidivism warrants lengthy incarceration." ( Id. at p. 1512.)