Ellis

Defendant, Kenneth Howard Ellis, was driving under the influence of alcohol when the car he was driving rear-ended another vehicle, injuring William Schmidt. He was convicted of numerous offenses, including violations of Vehicle Code section 23153, subdivisions (a) and (b). Subdivision (a) of section 23153 requires the prosecutor to prove that the defendant drove under the influence and concurrently committed an act forbidden by law which caused bodily injury to another person. Subdivision (b) of this section, of which defendant was also convicted, has the same requirements except that instead of driving under the influence the prosecutor needs to prove that the defendant had a blood-alcohol level of .08 percent or above. Defendant appeals, claiming the evidence is insufficient to support his convictions for violating section 23153 because the prosecutor failed to produce substantial evidence proving defendant committed an act forbidden by law (speeding); additionally, he contends the trial court erred in failing to instruct the jury on the definition of speeding.

In the published part of this opinion, we find the trial court erred when it failed to give amplifying…