Ryan

Philip Alan Ryan (appellant) was convicted following jury trial of felony drunk driving in violation of Vehicle Code section 23101, subdivision (b) (count one); failure to stop at the scene of accident (hit and run driving causing injury) in violation of section 20001 (count two); and reckless driving in violation of section 23103 (count three).

Appellant had filed motions to set aside the information and to suppress evidence pursuant to Penal Code sections 995 and 1538.5, respectively. The motion to suppress evidence was granted and the motion to set aside the information was denied. After a sentencing hearing the court suspended imposition of sentence and placed appellant on supervised probation for the period of three years on condition that he make restitution to the victims, serve six months in county jail and enter a program of counselling or therapy.

On May 31, 1979, at approximately 8:30 p.m., Helen Gross was driving her car west on Sir Francis Drake Boulevard in Fairfax, Marin County. Her young daughter was in the car with her. In the car behind Helen Gross were Greg Duncan and Debra Sullivan. Traffic on Sir Francis Drake Boulevard was sparse and it was still…