Los Angeles DUI Lawyer

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.

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Atchuthan Sriskandarajah

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Published Nov 26, 2010.
Read more: PRWeb via Yahoo! News

Driving under the influence or DUI case is common to the state in California. The state requires strict observance against driver under the influence of alcohol or drugs. Once caught for DUI, there are various severe consequences.

Nowadays, being in a DUI case can be very frustrating. You can be wrongly accused as the Police in California can be very strict against DUI. Once accused, you will be subject to severe penalties. The penalties posed in California may include:

? First offense ? fine of below 1000 dollars; possibility of 180days at the jail; and revocation of driver?s license for 6 months.

? Second offense ? fine of more than 1000 dollars; possibility of one year imprisonment; and revocation of driver?s license for up to 2 years. The second offense is within 10 years range of the first offense.

? Third offense ? imprisonment of 120 days mandatory period up to one year. Driver?s license will also be suspended accordingly. This is also within the 10 years range from the first offense.

? Fourth offense ? considered a felony to be punished by state imprisonment. This is also within 10 years range from the first offense.

On top of the punishments and penalties, DUI case can be humiliating. Even if you are wrongly accused, you will have a criminal record reflected in your personal file. This will result to high insurance rate for your auto insurance as well as negative implication on your employment potential.

Getting away from DUI case can be a complex process. And the prosecutors of the DUI case are usually experts on the field. Therefore you would need Los Angeles DUI Lawyer to defend your case. You need to get an expert and knowledgeable Los Angeles DUI Lawyer.

The Los Angles DUI Lawyer should be able to handle the DUI case charged against you. In your defense, he can fight for your right against the revocation of your driver?s license. He can also fight in your behalf to get away with the penalties and corresponding punishment to be charged to you. With such big responsibility, you need a skilled, experienced and aggressive Los Angeles DUI Lawyer.

Fortunately, there is a Los Angeles DUI Attorney that has handled several DUI cases in South California. He is not just experienced, he is knowledgeable and expert on DUI cases as well. His name is Atty. Robert Salinsky.

Los Angeles DUI Attorney Robert Salinsky has been a Sate Bar of California member since 1979. He established his law firm with a strong reputation of defending the client?s rights. He is experts on the cases in DUI, personal injury lawsuits, weapons charges, theft charges, and expungement of criminal records. All these cases are handled by Robert Salinsky for the residents in South California.

So if you are faced with charges on DUI, you need to contact Robert Salinsky immediately as you Los Angeles DUI Attorney. This way, your case will immediately be taken care of with the expertise of Robert Salinsky Los Angeles DUI Attorney.

Originally published here.

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Vikram Kumar

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