People v. Tuerlings CA3

FACTS AND PROCEEDINGS

On April 5, 2013, several witnesses observed defendant “staggering” and “drunk” in his apartment complex. He got into his car and attempted to pull into a nearby parking lot, striking a fence in the process. Defendant left his car and was found seated near some bushes a couple of blocks away. He smelled of alcohol and admitted he had been drinking, but insisted he did not drink until after the accident. On June 12, 2013, defendant was charged with four counts as follows: driving under the influence (§ 23152, subd. (a) -- count 1); driving while having a blood-alcohol content of 0.08 percent or higher (§ 23152, subd. (b) -- count 2); driving with a suspended license (§ 14601.2, subd. (a) -- count 3); and hit and run driving (§ 20002, subd. (a) -- count 4). With respect to counts 1 and 2, the People alleged that defendant had previously been convicted of four alcohol related driving violations, including a prior felony conviction for driving under the influence of an alcoholic beverage causing injury. (§§ 23152, subd. (b), 23153, subd. (a), 23550.5.) With respect to counts 1 and 2, the People further alleged that defendant had previously served a term in state…