People v. MacKenzie CA4/1

FACTS

The primary factual dispute in this case concerned who was driving the car—

Mackenzie, or his friend, Deborah White—when it collided with a freeway exit sign and

rolled over. The following facts provide context for our discussion.

Prior to March 2012, White had not seen Mackenzie for about five years. On the

night of the collision, she saw him outside a bar where they both happened to be hanging

out. White testified that she had about three drinks over the course of three or four hours.

Mackenzie testified that he was drinking "shots" of alcohol every three to four minutes.

White needed a ride to a friend's house and asked Mackenzie for one.

They dispute what happened next. According to White, he agreed to give her a

ride, she sat on the passenger side, she put her seat belt with a shoulder strap on, and he

drove the car. According to Mackenzie, he initially declined to give her a ride, but

2 eventually agreed that she could drive his car, and he would spend the night at their

destination.

The car never arrived at its destination. A witness who called 911 observed the

car swerving all over the road, going at erratic speeds, and rolling over, but the…