People v. Kincaid CA4/1

BACKGROUND

The People charged Kincaid with driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood alcohol level of 0.08 percent or more (id., subd. (b)), and hit-and-run driving with property damage (id., § 20002, subd. (a)). They alleged he had a prior conviction of driving under the influence of alcohol within 10 years (id., § 23550.5, subd. (a)(1)) and a prior conviction that constitutes a strike under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12). Kincaid pled not guilty and denied all allegations. At the preliminary hearing, San Bernardino County Deputy Sheriff David Padilla testified as follows. As a motorist was making a turn, Kincaid sideswiped the motorist’s vehicle and drove off. The motorist followed Kincaid, took a picture of his license plate, and provided the number to law enforcement officers. Padilla went to Kincaid’s house, but he was not there. A woman at the house told Padilla that Kincaid had been drinking and was involved in a hit-and-run accident. Several minutes later, Kincaid arrived at the house Padilla and a field training officer found him sitting in the driver’s seat of his vehicle. The…