People v. Valladares CA2/8

BACKGROUND

On January 3, 2019, about 10:40 p.m., Cherisa Edwards was driving her Nissan Murano on Highway 14 when she noticed traffic merging due to construction on the road ahead. As she slowed down and tried to merge with other traffic, she was hit from behind by appellant’s black SUV. Appellant later explained that he applied his brakes but they locked up and he was unable to stop soon enough to avoid the collision. The collision generated enough force to deploy the airbags in appellant’s vehicle, which caused abrasions on his arms.

Pitchess v. Superior Court (1974) 11 Cal.3d 531. The driving under the influence conviction was also alleged to be a prior conviction within the meaning of Penal Code section 667.5, subdivision (b).

3 Edwards called 911 to report the accident. CHP Officers Veliz and Chapman, who had been working in the construction area, arrived at the scene in about five minutes. Both Edwards’s and appellant’s vehicles were in the middle lane and were blocking traffic. When the officers approached appellant’s vehicle, Officer Veliz noticed a large quantity of beer cans inside the rear storage area. Officer Chapman determined the vehicle was…