Orange County DUI Attorney

THE PEOPLE, Plaintiff and Respondent, v. CHARLES P. SUBRAMANI, Defendant and Appellant
Court of Appeal of California, First Appellate District, Division Four
October 31, 1985

The defendant drove his vehicle striking broadside a vehicle injuring the driver and the passenger. Driver suffered minor injuries but passenger sustained substantial injuries. Defendant was charged as follows on V counts, felony driving under the influence and causing injury to the driver (Veh. Code, § 23153, subd. (a)); felony driving under the influence and causing injury to the passenger (§ 23153, subd. (a)); felony driving with a blood alcohol level of 0.10 percent or more and causing injury to the driver (Veh. Code, § 23153, subd. (b)); felony driving with a blood alcohol level of 0.10 percent or more and causing injury to the passenger (§ 23153, subd. (b)) and misdemeanor driving with a suspended license. Prior to trial, defendant pleaded guilty to count V. Defendant was convicted of both felony and misdemeanor driving under the influence and driving with a blood alcohol level of 0.10 percent or more based upon one collision in which two persons were injured. The defendant challenged the judgment.

Issues:

Whether the misdemeanor drunk driving counts must be vacated?
Whether the defendant is being properly charged with more than one count from a single act of drunk driving which caused injury to more than one person?

Discussion:

This court held that the defendant could be charged only with one count of felony drunk driving (i.e., with violations of subds. (a) and (b) of § 23153); the injuries of either or both of the victims could be used as proof of the charge. Here, however, the prosecutor charged separate felony counts for each victim; that was improper. Because the felony convictions involving injury to victim Blackwell (counts II and IV) were properly charged and are supported by substantial evidence, they can stand. The misdemeanor counts (counts I and III) involving Brown are mere surplusage and therefore must be stricken.

This court held that while such dual conviction is proper, dual punishment is prohibited by Penal Code section 654. (People v. Duarte, supra, 161 Cal.App.3d at pp. 446-447.) The trial court correctly applied that principle by ordering that the execution of the sentence on one of the felonies (count IV) was to be stayed in accordance with Penal Code section 654.

Conclusion:

This court hence reversed the judgment against defendant only as to the misdemeanor convictions and affirmed the judgment in all other respects. Defendant was properly charged and convicted of felonies for both driving under the influence and driving with a blood alcohol level of 0.10 percent or more.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

 

Originally published here.

---

Atchuthan Sriskandarajah

---

Trial opening in Ferrari crash that killed MMA’s ‘Mask’
SANTA ANA – Newport Beach reserve police officer Jonathan Sunshine had been on the force for less than a year when he witnessed one of that city’s most horrific car crashes. Sunshine was driving a prisoner in a police van to the Orange County Jail…

Published Nov 26, 2010.
Read more: Orange County Register

Driving while intoxicated made a record of nearly 17,000 deaths every year.  Almost 42% of all car accidents are done by drunk drivers. Every year, police detain almost 1.2 million individuals for driving under the influence of alcohol.

For you to be arrested of DUI, the police must conduct various tests.  At first, the arresting officer may evaluate certain factors on the driver such as their speech, odor of alcohol on driver’s breath.  A sobriety test can help the police identify the person if he is under the influence of liquor while driving.  If the driver failed the sobriety test, he can be asked to take a blood alcohol test (BAC).  The BAC will present a rate of alcohol in the driver’s blood sample.  The acceptable limit for a DUI is .10% BAC.  But there are regions issue a DUI if the driver’s result says .08% BAC.  Most arresting officers will make use of a breathalyzer to identify the BAC of the person.  A breathalyzer is a less-invasive type of knowing the BAC of the person.

A driver can directly be sentenced with a DUI and detained in a cell if their blood alcohol test level goes above the limit.  There regions will let the driver remain in the cell until they are sober again.  The arresting officer should immediately act if they arrest a person with DUI since the BAC lessens the longer it stays in the driver’s body.

The acceptable age to drink alcohol starts at 21 years old for some localities.  If a person is under the legal age and caught drunk while driving, they can immediately be accused of a DUI and detained into the cell.  The fee for people under the legal age of 21 is usually more expensive than those that are caught for the first time.  Usually, the first time driver is found with a DUI, they are put into the progressive DUI program.  This program gives the person some leniency and they are not accused with the highest form of penalty.  The charges of the DUI will all depend on the judge.  If the judge finds the person is in deep remorse and pleads guilty, they might receive a lesser sentence.  Otherwise, they end up getting the worse punishment.

So before you go to party and get drunk, make sure to be responsible enough.  If you think you are going to drink a lot during that time, then leave your car and take the cab.  You can ask somebody else to accompany you to drive or simply take a hitch with your friends.  In this way, you do not end up getting a DUI.  If you happen to be caught with DUI, get yourself a trusted DUI attorney in Orange County CA to defend you.

Originally published here.

---

kevin leonard

---