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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.

There has not been a day in Los Angeles without traffic mishaps since September 2000, and vehicle accidents are one of the leading causes of death in the area.

According to the Fatality Analysis Reporting System, there have been 42,642 motor vehicle traffic crashes recorded last 2006 and 3,835 in the state of California.

Some causes of automobile accidents are the following:

?    Drunk Driving

The record for fatal crashes involving alcohol is 39% and 75% for accidents that occur from midnight to 3 a.m.

It has been recorded last 2005 that fatal collisions involving alcohol intake have increased by 18.4% within the last five years.

?    Speeding

Speeding above the limits is like risking an accident. Speed was indicated as the primary factor of collision, with 29.1% of the fatal and injury traffic accidents.

?    Equipment Failure

The most common types of equipment failure are the following:

1.    Tire blowouts
2.    Break malfunction
3.    Suspension/Steering failure
4.    Tread separation

Less than 5% of vehicle accidents are reported due to failure of equipment.

?    Roadway Maintenance

This may contribute to some motor vehicle accidents but it is rarely the main cause. The following are some examples of shortcomings of roadway maintenance:

1.    Faded road signs
2.    Potholes
3.    Debris on the roadway
4.    Roadway construction
5.    Salting and sanding

?    Weather

Some accidents are caused by the weather. Rain, however light, can be a dangerous condition because it may lead to slick freeways. At some point, a bad weather may also limit the motorists? visibility.

?    Driver Behavior

Over 95% of vehicle accidents are caused, in some degree, by the imprudent behaviors of drivers. Some take the risks and ignore the dangers of aggressive driving.

These traffic violations can be characterized as aggressive driving:

1.    Failure to signal
2.    Impaired driving
3.    Excessive speed
4.    Disregarding traffic controls
5.    Frequent or unsafe changing of lanes
6.    Failure to yield the right of way
7.    Tailgating

Traffic fatalities in the United States has increased by 1.4% from 2004 to 2005 and 26 states showed increases that ranged from less than 1% to as much as 23%.

Accidents happen at such a huge possibility, but it can be prevented. These are some ways:

?    Follow traffic rules and regulations
?    Drive cautiously and safely
?    Consider other external factors as a possible cause of vehicle accidents

After experiencing a traffic accident, one should immediately seek medical attention, whether the injury is small or grave. If given the chance, one should also record every important details of the incident. These include license numbers, the names and contact information of the persons involved and the witnesses.

To reclaim the actual expenses achieved in property damage, economic compensation, emotional distress and medical bills, it is important to hire an experienced Los Angeles vehicle accident lawyer. These legal experts can assist you in pursuing a lawsuit over an automobile accident.

Through the help of the lawyer, one can understand better the laws that should be abided and the consequences that goes with it and the terms and conditions being presented by the insurance.

If you have incurred injuries and damages from a vehicle accident, you have all the right seek rightful reimbursements. Log on to our website now and seek the valuable assistance of our expert Los Angeles vehicle accident lawyers.

Originally published here.

California Drunk Driving Defense