People v. Hernandez CA2/1

BACKGROUND

Around 1:00 a.m. on July 16, 2021, Hernandez was driving northbound on the 14 Freeway at close to 100 miles per hour in his Buick Enclave. Humberto Balderrama and his wife, Maria Hernandez Reyes, were going in the same direction in their Chevrolet pickup truck, driving at the speed limit. Hernandez’s vehicle struck Balderrama’s truck from behind, causing it to flip and killing Balderrama. California Highway Patrol (CHP) Officer Orlando Cisneros gave Hernandez three field sobriety tests and concluded he was under the influence of alcohol. Cisneros then performed two in- field preliminary alcohol screening (PAS) breathalyzer tests, which returned blood alcohol concentration results of 0.114 percent on the first test and 0.108 percent on the second. Officer Cisneros arrested Hernandez and transported him to a sheriff’s station, where two chemical breath tests reported

2 that his blood alcohol concentration was 0.09 percent on the first test and 0.08 percent on the second. No autopsy was performed. The coroner’s report documented Balderrama’s injuries but drew no conclusion as to the cause of death. The District Attorney of Los Angeles County charged 1 Hernandez with: (1)…