Hodgkin

Statement of the Case

Defendant was charged with violating Vehicle Code section 23153, subdivision (a), felony drunk driving causing injury or death to another person. She pleaded nolo contendere to the charge pursuant to a plea bargain that she would receive local time rather than a prison commitment. Defendant was sentenced to five years’ probation, subject, inter alia, to conditions that she: (1) spend 365 days in jail, (2) pay a $500 fine to the court, (3) pay a $100 restitution fine pursuant to Government Code section 13967, (4) pay restitution to the victims of the accident in an amount to be determined by the probation officer up to and including $60,000, and (5) seek and maintain gainful employment. This appeal followed.

Statement of Facts

Since the instant case rests upon defendant’s plea of nolo contendere, we take our facts from the probation report which, in turn, was taken from defendant’s booking sheet and the police report. “[Defendant] was driving west on Highway 198 at an unknown rate of speed, when she crossed over the dividing line and collided head-on with a vehicle that was eastbound on Highway 198. After colliding with the vehicle, the defendant’s…