People v. Sickler CA1/2

BACKGROUND

The underlying facts are not in dispute, and we summarize them, as did the parties, from the probation reports. On May 21, 2011, defendant was the driver, and the cause of a serious collision in Lake County, when he crossed over a double yellow line and hit an oncoming car. A highway patrol officer interviewed defendant at the scene. Defendant blamed the other driver: “That fool crossed into my lane. I ran his car over.” Defendant smelled of alcohol, had red and watery eyes, and failed to perform a series of field sobriety tests.

1 Defendant was placed under arrest and later found to have a blood alcohol level of 0.22 percent, nearly three times the legal limit. The driver of the other car, Guy Johnson, told the highway patrol officer that defendant’s car was approaching at a high rate of speed and crossed over into Johnson’s lane. Johnson did not have time to react. Both cars sustained major damage. Johnson suffered severe injuries, including a lacerated spleen requiring a blood transfusion, a badly sprained left ankle, lower leg pain, and a badly lacerated left leg. Johnson spent 15 days in the hospital, including two in the intensive care unit. Johnson suffered and…