F.H.

People v. F.H.

Good Law
122 Cal. Rptr. 3d 43·192 Cal. App. 4th 1465·2011 Cal. App. LEXIS 217
Court of Appeal of CaliforniaFebruary 25, 2011No. A127491California2,904 words

Opinion

Lead Opinion

Marchiano, J.

*1467 Opinion

While intoxicated and riding in the front passenger seat of a car, defendant F.H. grabbed the steering wheel and caused the car to crash. The driver was injured. The juvenile court found she had committed two misdemeanors, driving while under the influence causing injury (Veh. Code, § 23153, subd. (a)) and driving with a blood-alcohol level of 0.08 percent or more causing bodily injury (Veh. Code, § 23153, subd. (b)). Defendant contends there was insufficient evidence to support the convictions, primarily because she was not “driving” the car in the legal sense of the word. We disagree and affirm.

I. FACTS

On July 12, 2009, at approximately 3:00 a.m., Santa Rosa Police Officer Bryan Ellis was driving north on Fulton Road when he was flagged down by an adult male who stepped into the roadway. The man, Ricardo Mendoza, appeared “discombobulated.” His hair stood straight up, dust covered his face, and his eyes were wide open. Officer Ellis concluded that Mendoza was in shock.

Mendoza told the officer he had been in a car accident and there was someone else still in the car. Officer Ellis put Mendoza in his patrol car, and Mendoza directed him to the accident scene…

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