People v. Moreno-Rodriguez CA3

BACKGROUND

On a clear and sunny day in June 2021, members of a cycling club were riding bicycles on the American River Parkway trail. Use of the trail was generally limited to pedestrians and bicyclists. Sacramento County Park ordinances limited driving on trails to authorized and permitted vehicles. Cyclists saw an Audi sedan driving on the trail toward them and waved at the car to slow down, but it did not. Some cyclists swerved off the trail to avoid the car. Witnesses then heard two thud sounds and the sound of the Audi accelerating away. Michael Dodson, a member of the cycling club, was found on the side of the trail, unconscious. He suffered significant injuries and died 25 days later. A detective opined from damage to the bicycle that the Audi hit the front of the bicycle. The Audi stopped about 200 or 300 feet from Dodson, past a turn in the trail. The car engine was still running and liquid leaked from the car. Defendant smelled of alcohol, his eyes were bloodshot, and his speech was slurred. Field sobriety tests indicated defendant was alcohol impaired. A blood draw determined a blood alcohol concentration of .276 percent. Investigation showed that a car had hit and…