People v. Dyson CA3

Good Law
Court of Appeal of CaliforniaNovember 1, 2024C100715California539 words

Opinion

Opinion

Feinberg, J.

BACKGROUND

At about 2:00 a.m. on December 16, 2023, Dyson was driving his car in Chico and rear-ended a Chevrolet Malibu. Law enforcement responded to the scene, and the Malibu’s passenger was taken to the hospital after reporting neck and back pain. Dyson smelled of alcohol and exhibited signs of intoxication. He told the responding officer that he had been at a bar and consumed two shots of vodka. The

1 officer administered field sobriety tests, which Dyson failed. Preliminary alcohol screenings returned results of 0.269 percent and 0.256 percent blood-alcohol content. Dyson was taken to the hospital where blood was drawn for further testing. The People charged Dyson with driving a vehicle with a blood-alcohol content of 0.08 percent or more causing injury (Veh. Code, § 23153, subd. (b)), driving under the influence of an alcoholic beverage causing injury (§ 23153, subd. (a)), and driving with a license that was previously suspended or revoked for a driving under the influence conviction (§ 14601.2, subd. (a)).1 The People also alleged that Dyson was driving with a blood-alcohol content exceeding 0.15 percent and was therefore subject to the additional punishment provided in…

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