People v. Livingston CA3

FACTS AND PROCEEDINGS

On the evening of April 17, 2013, defendant Savanna Livingston was alone, sleeping or passed out in the driver’s seat of a Dodge Durango that was parked partially on the sidewalk and partially in the street on Wymark Drive in Elk Grove. Defendant smelled of alcohol and had an empty one-and-a-half liter bottle of wine and an empty 40- ounce can of Steel Reserve beer in the back of the car on the passenger’s side. The keys were in the ignition; however, the ignition was off. Police testified that defendant was wearing her seatbelt but a witness testified that defendant was not. Police Officer Nathaniel Lange arrived at the location of the car after 6:00 p.m. and fire personnel gave him defendant’s purse containing her identification. Paramedics then removed defendant from the vehicle and onto a gurney to take her to the hospital. At 6:28 p.m., Officer Lange conducted a Preliminary Alcohol Screening (PAS) Device test in the back of the ambulance before defendant was transported to the hospital. The results were a .397 blood-alcohol level. Officer Lange then went to the hospital. He found defendant on a gurney in the emergency room and questioned defendant with…