People v. LaTorre CA1/3

BACKGROUND

According to the probation officer’s report, LaTorre was arrested in October 2012 after a sheriff’s deputy responded to a citizen report of a drunk driver. The deputy observed LaTorre initiate a turn without signaling and cross the median line into the oncoming lane of traffic. He stopped LaTorre and observed signs of intoxication. A preliminary alcohol screening test indicated LaTorre had a blood alcohol level of .14 percent.

1 LaTorre was charged in a two-count complaint. Count one alleged a violation of Vehicle Code section 23152, subdivision (a)1, for driving under the influence of drugs or alcohol with prior offenses that occurred within 10 years as specified in sections 23550 and 23550.5. Count two alleged a violation of section 23152, subdivision (b) for driving a vehicle with a blood alcohol level in excess of .08 percent, again with prior offenses that occurred within 10 years pursuant to sections 23550 and 23550.5. The complaint also alleged pursuant to Penal Code section 667.5, subdivision (b) that LaTorre served two prior terms in state prison. LaTorre entered his guilty plea to both counts as charged and admitted that the allegations of his service of two…