People v. Zink CA2/6

Facts and Procedural History On March 22, 2013, appellant attended a graduation party in Ventura, drank three beers, and decided to drive home after he and his friends were kicked out of their hotel rooms for being too noisy. Appellant had not slept in almost 24 hours and nodded off, driving 50 to 55 miles per hour on Rice Avenue. It was dark and a few minutes before 5:00 a.m. Appellant ran the red light at Rice Avenue and Channel Islands Boulevard and broadsided a Ford Expedition driven by Francisco Briones. Briones (age 21) was on his way to work and had just turned right onto Rice Avenue on a green light. The collision demolished the Ford Expedition and fractured Briones' C5 vertebra, causing permanent paralysis from the neck down. When officers arrived, appellant said: "I'm fine. I'm the designated driver." Appellant had a strong odor of alcohol on his breath, bloodshot eyes, and thick and slurred speech. Appellant failed several field sobriety tests and was arrested. At 6:32 a.m., an hour and a half after the collision, appellant's blood was drawn and had a .14 percent blood alcohol content. Appellant was charged with felony DUI causing injury (count 1;…