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THE PEOPLE, Plaintiff and Respondent, v. CHARLES P. SUBRAMANI, Defendant and Appellant
Court of Appeal of California, First Appellate District, Division Four
October 31, 1985

The defendant drove his vehicle striking broadside a vehicle injuring the driver and the passenger. Driver suffered minor injuries but passenger sustained substantial injuries. Defendant was charged as follows on V counts, felony driving under the influence and causing injury to the driver (Veh. Code, § 23153, subd. (a)); felony driving under the influence and causing injury to the passenger (§ 23153, subd. (a)); felony driving with a blood alcohol level of 0.10 percent or more and causing injury to the driver (Veh. Code, § 23153, subd. (b)); felony driving with a blood alcohol level of 0.10 percent or more and causing injury to the passenger (§ 23153, subd. (b)) and misdemeanor driving with a suspended license. Prior to trial, defendant pleaded guilty to count V. Defendant was convicted of both felony and misdemeanor driving under the influence and driving with a blood alcohol level of 0.10 percent or more based upon one collision in which two persons were injured. The defendant challenged the judgment.

Issues:

Whether the misdemeanor drunk driving counts must be vacated?
Whether the defendant is being properly charged with more than one count from a single act of drunk driving which caused injury to more than one person?

Discussion:

This court held that the defendant could be charged only with one count of felony drunk driving (i.e., with violations of subds. (a) and (b) of § 23153); the injuries of either or both of the victims could be used as proof of the charge. Here, however, the prosecutor charged separate felony counts for each victim; that was improper. Because the felony convictions involving injury to victim Blackwell (counts II and IV) were properly charged and are supported by substantial evidence, they can stand. The misdemeanor counts (counts I and III) involving Brown are mere surplusage and therefore must be stricken.

This court held that while such dual conviction is proper, dual punishment is prohibited by Penal Code section 654. (People v. Duarte, supra, 161 Cal.App.3d at pp. 446-447.) The trial court correctly applied that principle by ordering that the execution of the sentence on one of the felonies (count IV) was to be stayed in accordance with Penal Code section 654.

Conclusion:

This court hence reversed the judgment against defendant only as to the misdemeanor convictions and affirmed the judgment in all other respects. Defendant was properly charged and convicted of felonies for both driving under the influence and driving with a blood alcohol level of 0.10 percent or more.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

Originally published here.

California drunk driving defense

Trials are won and lost by the quality of evidence your lawyer is able to present. An arrest is the actual taking of the accused into custody by law enforcement officers or personnel. Take good care of your evidence. Many businesses and organizations obtain the criminal Federal Arrest records of prospective employees to weed out applicants who many have criminal histories or unsavory pasts. The police and the FDHSMV (Florida Department of Highway Security and Motor Vehicles) should not be blamed if strong action is taken to check a drunk driver.

Any private citizen or any organization can avail of the criminal Federal Arrest records online whatever they want usually within two to ten business days or in the case of accessing online databases which is instant. These public Federal Arrest records and documents let you know if someone has ever been convicted of a crime; served time in jail or been convicted of a crime like driving under the influence of alcohol and drugs. Before conducting your free online searches for criminal Federal Arrest records using the list of online sites- understand that there is no such thing as a “nationwide” database of public records available either on line or off line.

It is found that most of the DUI California arrests are first time offenders. Each state has its own law to govern DUI arrest. There are no limitations in cases of public criminal Federal Arrest record. Usually criminal records include the statements of victims and witnesses and other highly sensitive personal information. Let’s get down to business! But the big question is why are you being arrested by the police.

There are criminal Federal Arrest records available at the federal level that are not available at county and state levels. Regardless of who may take a look at your arrest records you need to see it for yourself so that you are ready to explain and justify its contents. Find out more about checking up on arrest records at http://www.governmentrecord.info/criminal-arrest-records-search/index.html

Aggressive behavior when being arrested will only cause the police officers to try to restrain you and your bad behavior could be held against you later when you are trying to fight the charges in court. When arrested – you will sit in the precinct jail cell an average of six hours until they can arrange transportation for you to another place called “Central Booking”. A felony is a crime such as murder, rape, or burglary which is punishable by a more stringent sentence, either imprisonment of more than one year or even death.

Who Accesses Criminal Records?
A copy of your criminal Federal Arrest record may be requested by your potential employer; a future landlord; an educational institution you are seeking admission in or even by police authorities.

Originally published here.