People v. Lalicata CA1/2

BACKGROUND

Underlying Offenses Case no. FCR260943 In December 2008, defendant was arraigned on a misdemeanor complaint charging him with driving under the influence of drugs or alcohol and driving with a

1 blood-alcohol level greater than 0.08 percent, both with a prior, and speeding in excess of 100 miles per hour. In March 2009, he pleaded no contest to driving with a blood- alcohol level greater than 0.08 percent, with a prior. The court suspended imposition of sentence and placed defendant on summary probation for three years with numerous conditions, including that he complete DUI school by September 27, 2010. On March 25, 2011, defendant admitted failing to complete DUI school in a timely manner. The court found defendant in violation of his probation, but reinstated him on probation and granted him until September 26, 2011 to complete DUI school. Defendant subsequently admitted violating probation, based on the charges in case nos. FCR279952 and FCR291355, described below. Case no. FCR2799521 On October 12, 2010 at 3:20 a.m., a California Highway Patrol officer observed defendant driving a car at an estimated 90 miles per hour on Interstate 80. After observing the car…