People v. Kanas CA4/3

FACTS

As relevant to this appeal, on the morning of August 15, 2016, defendant’s Chevy Tahoe, driving at freeway speeds, crashed into another car on the freeway. That car was stopped in traffic, and the collision killed a 10-year-old girl and injured the driver, her father, and his other child. California Highway Patrol (CHP) Officer Todd Steaffens was dispatched to the scene of the collision and arrived at about 9:26 a.m. He observed that defendant “seemed confused about the whole thing” and “out of it.” Defendant made several comments, including “‘accidents happen all the time’” and “‘I guess two cups of coffee weren’t enough.’” He did not seem to understand the gravity of the collision. Steaffens did not observe any injuries to defendant, but his pupils were constricted and he was lethargic. A Los Angeles County arson investigator, who had been certified as an emergency medical technician earlier in his career, was driving to work when he came upon the accident scene and pulled over to assist. He testified defendant’s eyes were “pinpoint.” A CHP officer who was a certified Drug Recognition Expert at the time testified defendant was lethargic but coherent with slow and…