DUI San Diego

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.

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Atchuthan Sriskandarajah

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Driving a car in Southern California is a wonderful experience for it encapsulates the American theme of living free and being able to go wherever you want. The roads and highways are long and nice to venture out. And if you want to go and visit another country, Mexico is the place to visit especially during those spring breaks and holidays. The border between Mexico and the United States is long passing through several states but the most popular of its crossings is the one in San Diego.

Mexico is a nice place to party and as a young adult, visiting Tijuana is one of the must do things with friends. The sight and sounds are unique and entertaining and of course nothing would be better than to finish the night off with some shots of tequila. Driving back across the border, you have to be careful that you are sober enough to avoid being asked to take a sobriety test. Often times, young adults are immediately asked to take a sobriety test upon leaving the Mexican border. This is to insure that drivers are sober enough to drive. These days, police vehicles are equipped with video recording devices that record any stop over or pull over. Being in your best attitude and behavior while being stopped will reflect in the video and it may work for you should any case be filed against you.

There are cases when you may be charged for DUI even if you feel that you are within the legal limits. There could be a medical reason for that spike of the blood alcohol level as you may be a type two diabetic or you may have eaten something spicy or hot which affected the result of your breath analyzer test or blood alcohol level test. In such instances, getting a dui lawyer from San Diego is the best alternative.

Hiring a DUI lawyer may be expensive but look at the alternative: a possible conviction, jail time and a permanent record mark which may affect your status especially when looking for a job. DUI lawyers specialize in such cases and may find an amicable solution to your situation without even going to court. They may apply for a special San Diego DMV hearing to look at your case which does not involve any jury or trial but is a review of the facts of the case. A DUI lawyer from San Diego would also know the local nuances and status of the court system in the area and with that knowledge may present to you a plan of action for your case. They have the local expertise and know how to make you escape any conviction, especially if the case against you is weak.

Originally published here.

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Steven Magill

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