Flores

Introduction

The People appeal from an order granting defendant Scott Eric Flores’s motion pursuant to Penal Code section 995 to set aside an information charging him with gross vehicular manslaughter while intoxicated in violation of Penal Code section 191.5, subdivision (a).

Statement of Facts

At approximately 7 p.m. on January 28, 1990, defendant’s Volkswagen, traveling southbound on the Long Beach Freeway at an estimated speed of 75 to 80 miles per hour, failed to make a curve it was approaching. The Volkswagen swerved as it made overcorrections in rounding the curve; ultimately, it went over the center divider into the oncoming traffic. Sylvia Bacon (Bacon) was traveling northbound on the Long Beach Freeway when she saw the Volkswagen coming through the air toward her from the opposite side of the center divider. The Volkswagen hit her automobile head-on, which caused her to apply her brakes and her automobile to spin, coming to rest in the middle of the freeway.

At the time of the accident, Bacon was approximately eight and one-half months’ pregnant. Immediately after the collision, Bacon had an abdominal contraction and felt nauseated. Additionally, her nose…