People v. Maguire CA2/6

FACTS AND PROCEDURAL BACKGROUND

Appellant was driving under the combined influence of Vicodin, Soma and alcohol (.01 percent). He crossed over the double yellow line striking a motorcycle and its two passengers head on. The passengers received severe injuries including each suffering a left leg amputation. Two witnesses applied tourniquets that likely prevented the death of the victims while appellant, unable or unwilling to assist, wandered aimlessly at the scene. The police investigation disclosed that appellant was visibly impaired and admitted taking Vicodin. The ensuing search of his vehicle revealed open beer cans, some partially consumed, and a bottle containing Vicodin and marijuana. Appellant had a prior conviction for driving under the influence (Veh. Code, § 23152, subd. (a)) in 1996 and one for reckless driving involving opiate use in 2009. The plea forms which he signed acknowledged his awareness of the dangers of driving while intoxicated. The prescription medications he was taking warned that they may cause drowsiness, which alcohol consumption may intensify, and to use care when operating a vehicle. The probation report detailed not only appellant's criminal…