People v. Lomack CA1/1

I. BACKGROUND

In May 2022, Lomack caused a head on collision with a motorcycle which seriously injured the other driver. He was charged by felony complaint with driving under the influence of an alcoholic beverage and causing injury (Veh. Code, § 23153, subd. (a)) and driving with a blood alcohol level of .08 percent or above (id., § 23153, subd. (b)). The complaint also alleged various enhancements, prior convictions, and aggravating factors. At his arraignment, the trial court released Lomack on his own recognizance subject to the following conditions: he was placed under the supervision and custody of the probation department pretrial services division; he had to wear GPS monitoring and alcohol detector devices; he had a curfew from 8:00 p.m. to 8:00 a.m. during which time he had to stay at home; he could not use, consume, or possess alcohol, marijuana, non- prescribed substances, or illegal substances, and there could be no alcohol in the residence;2 he could not drive a vehicle; and he had to submit to a search and seizure of his person, vehicle, residence, or property at any time, with or without probable cause, and with or without a warrant. If he violated his curfew,…