Holloway

Defendant Ricky Jay Holloway caused two separate accidents when he drove into oncoming traffic, leaving one driver with serious and extensive injuries. Defendant appeared intoxicated and blood tests revealed he had three prescription medications in his system. He was convicted of driving under the influence and causing bodily injury, driving with a suspended license, driving under the influence, and hit-and-run driving. On appeal, he raises numerous contentions, but we address only one. We find merit in his contention that the trial court erred by failing to instruct on the defense of involuntary intoxication due to prescription medication. We will reverse and remand.

Defendant was charged in two separate pleadings, one for each accident, and the two cases were consolidated for trial. In the first pleading, defendant was charged with driving under the influence and causing bodily injury (Veh. Code, § 23153, subd. (a); count I) and misdemeanor driving with a suspended license (Veh. Code, § 14601.1, subd. (a); count II). The information further alleged, as to count I, that defendant personally inflicted great bodily injury (Pen. Code, § 12022.7) and injured a second…