Johnigan

*1087 Opinion

On the evening of May 1, 2008, Laura Cleaves was at the wrong place at the wrong time. Appellant, Ashley Johnigan, drank the equivalent of 16 alcoholic drinks at a Santa Ynez bar and struck and killed Cleaves on Highway 154. Appellant refused multiple offers for a safe ride home, was warned that she was too drunk to drive and could harm people, and knew the mountain road was very dangerous to drive. Shortly before the collision, appellant stopped her Mercedes on the road shoulder with the left tires in the traffic lane. California Highway Patrol officers arrived to provide assistance but appellant sped off, driving on the road shoulder. Reaching a speed of 70 miles per hour, appellant swerved across the road, and struck two oncoming vehicles, killing Cleaves and injuring Lisa Raines.

Johnigan appeals her conviction by jury for second degree murder (count 1; Pen. Code, §§ 187, subd. (a), 189), gross vehicular manslaughter while intoxicated (count 2; Pen. Code, § 191.5, subd. (a)), driving under the influence of alcohol (count 3; Veh. Code, § 23152, subd. (a)), and driving with a blood-alcohol content of 0.08 percent or more (count 4; Veh. Code, § 23152, subd. (b)).…