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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.

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Atchuthan Sriskandarajah

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Published Nov 24, 2010.
Read more: The News & Observer

You have just been charged with drunk driving. What do you do next? There are so many things to think about and you have lots of questions. Where do you go for answers? There is a booklet you can get that will answers your questions. DUI and DWI Facts booklet answers 29 of your pressing questions.

First, what is a DUI/DWI? DUI stands for driving under the influence, drinking alcoholic beverages and taking certain drugs that affect your ability to safely operate dangerous equipment such as automobiles, motorboats and industrial equipment. In most states, any person with a blood alcohol concentration (BAC) over a particular limit – usually .08 percent or .10 percent – who is caught operating a motor vehicle may be charged with DUI. In addition, driving under the influence of drugs (even prescription) may be considered a DUI. Other terms for driving under the influence include Driving While Intoxicated (DWI) and Operating While Intoxicated (OWI).

You can be charged with 2 crimes. The standard offense is “driving under the influence of alcohol” (DUI), or in some states, “operating while intoxicated” (OWI), or driving while intoxicated (DWI). In recent years, 49 states have also enacted a second, so-called “per se” offense: driving with an excessive blood-alcohol concentration, also known as BAC, (either .08% ? as in California ? or .10%). In those states, both offenses are charged. The defendant can even be convicted of both, but can be punished for only one.
If the case involves a refusal to submit to chemical testing, of course, only the traditional offense will be charged.

The booklet also covers questions about penalties and fines, costs from bail to court costs and legal fees. Do you try to go thru the process on your own or do you hire a DUI lawyer to help. DUI and DWI Facts also talks about how an attorney can help you thru the agonizing process. You will want an experienced attorney that knows his way thru the court system. Craig Sturm of Sturm Law has handled over 2000 DUI cases. He is a former Los Angeles County Public Defender and managed one of the largest criminal defense firms in Los Angeles. Craig Sturm is known for going to trial and winning!

So go to the website and fill in your name and email address and you will receive the booklet instantly. Start getting your questions answered and see how Craig Sturm can help you make the best out of a bad situation.

Originally published here.

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MAryAnn Bozek

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