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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Century City Criminal Defense Lawyer Barry Sands Successfully Represents Superstar Celebrity Clientele and Launches …
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Published Nov 26, 2010.
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California DUI is one of the most difficult crimes for a lawyer to defend, because of the complexities of criminal DUI laws, issues on blood-alcohol, and separate California DMV administrative hearings.

You need to understand that the court or the authorities rely heavily on your breath to determine your innocence and or guilt. Your DUI lawyer needs to be well experienced with the DUI process, and DUI law to defend your California drunk driving charges. This is the first thing to do.

If you were stopped for suspicion of DUI, you need to be as polite and respectful as possible to the officer. However, you need to be firm in declining to take the tests. You are not required by law to take the DUI field sobriety tests. Even if the officer asked you to take the handheld breath test, you should decline it politely by reminding them of the California DUI law.

If you are already arrested, or someone is, it is difficult to locate him in custody. To find him, ensure that the complete name and date of birth are available. Obtaining the driver?s booking number will also be helpful.

There are cases in which the arrested driver is released on their own recognizance; there are others who are required to post bail. Locating a bail bond provider is the next step to do. If you want to redeem your driver?s license from custody, you need also to pay the bail. Usually, the authorities require 10% of the driver?s bail amount to secure his or her release.

California DUI cases are dual-faceted. The driver faces DMV DUI case, and a criminal court case. The driver facing California drunk driving charges has 10 days after the arrest, to request for a DMV DUI hearing otherwise, he will lose his driving privileges. Failure on your part to request a hearing will prompt the DMV to process the suspension on your driver?s license.

You will have your arraignment in court before the DMV hearing. It is at this time when you will enter your plea, guilty or not. Despite the fact that facing a jury trial makes many accused drivers nervous, it is important to fight the California drunk driving charge in court. There are California DUI cases that have an absolution verdict.

The nature of the DMV DUI hearing is to determine the status of your driver?s license. The DMV will figure out whether there are legal basis to suspend or revoke your license. There are times in which drivers are guilty as charged and yet, retain their license.

There are also cases, in which the drivers are absolved, but there is suspension or revocation of their license. Other cases end up with a conviction and suspension or revocation of license. Even with the first California DUI conviction, the convicted driver is required to serve jail time from 96hours to 6 months, DUI fines from $390 to $1000, and license suspension of up to 6 months.

The driver must complete a California DUI program. He is required to present Proof of Financial Responsibility for Reinstatement. Finally, he may be given an order to install an ignition interlock device.

 

Originally published here.

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Rudy Silva

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