People v. Brady CA3

FACTS AND PROCEEDINGS

The underlying facts are not relevant to the issues on appeal. It suffices to say that on July 27, 2017, at approximately 12:30 a.m., defendant was involved in a single-car crash. A blood sample over an hour after the crash determined that his blood-alcohol content was 0.25 percent, and his blood contained both cocaine and a cocaine metabolite. A criminalist testified that defendant’s blood-alcohol content was between 0.27 and 0.28 percent at the time of driving, and he would have been too impaired to drive. Another criminalist testified that cocaine--especially when combined with alcohol--could impair a person’s ability to drive a motor vehicle. A jury found defendant guilty of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count one), driving while having a blood-alcohol content of 0.08 percent or higher (id., § 23152, subd. (b); count two) with the special allegation that his blood-alcohol content was 0.15 percent or more (id., § 23578), and driving under the combined influence of alcohol and drugs (id., § 23152, subd. (g); count three). Defendant admitted that he had been previously convicted of one prior felony driving under the…