People v. Herrera CA2/6

Facts At about 11:00 p.m., appellant drove his Chevrolet Tahoe SUV the wrong way down the Tefft Street offramp onto the northbound 101 freeway in Nipomo. He almost immediately collided with a smaller SUV being driven by Jose Cruz, causing Cruz’s vehicle to roll over four or five times and eventually come to rest on its roof. Cruz’s 14-year-old son, Jonathan, had been wearing his seat belt and sitting in the back seat. Jonathan died from injuries he received in the collision. Cruz’s wife, who had been sitting in the front passenger seat and also wearing a seat belt, broke four ribs and her clavicle and dislocated vertebrae in her neck. Cruz himself sustained less serious injuries. Appellant’s vehicle came to a stop 50 to 75 yards to the south of the Cruz vehicle. When it was discovered by CHP Officer Tyler Henry, the driver’s side door was open and there was a small amount of blood on both the inside and outside of the door. The driver’s side air bag had deployed. Damage to the front passenger side of the vehicle included a buckled hood and an intrusion into the engine compartment. CHP officers found appellant about an hour later, with the help of a helicopter. He was lying flat on…