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People v. Turner10/3/2002
streets, and appellant continued driving at approximately 70 miles per hour. When he approached a red light at the intersection of Lemon Street, appellant tried to stop but skidded through the intersection against the light. He then made an unlawful U-turn and proceeded on Lemon Street. Appellant continued on Lemon Street, driving on the wrong side of the roadway partially on a dirt shoulder. Britton pulled the patrol car alongside appellant so the cars were traveling parallel to one another at approximately 20 to 25 miles per hour. At one point, appellant looked at Britton and then steered to the right ramming his car into the driver's side of the patrol car. The impact caused Alleman's seat belt to dislodge, and she slammed into the passenger's door injuring her hip, shoulder, right leg and foot.
Both vehicles continued on Lemon, and appellant again veered into the patrol car, once more slamming Alleman into the passenger door. The impact of this collision caused appellant's vehicle to spin out. Appellant appeared to have difficulty getting his car back into gear when his vehicle stopped perpendicular to the lanes of traffic. Having determined that appellant posed a substantial danger to the public, Britton attempted to disable appellant's vehicle by ramming it with his own.
Somehow appellant managed to speed away, and Britton followed in pursuit. At the connecting ramp from Highway 780 to eastbound Highway I-80, appellant stopped his car and got out and ran. After a short chase, Britton took appellant into custody, at which point he told the officer, "I had to run. I've had way too much to drink. I had to give it a shot."
Britton observed a strong odor of alcohol on appellant's breath, appellant's bloodshot eyes and slurred speech. Blood subsequently taken from appellant showed a blood/alcohol level of .18.
Alleman suffered a stiff neck from the collision with appellant's vehicle as well as lower back pain. She was treated by a physician who gave her prescription painkillers that prevented her from working for approximately three weeks. She also needed two months of physical therapy.
Defense Case
Appellant conceded that he had consumed "a lot" of beer and whiskey after taking prescription Dilantin phenobarbital the night of the incident. Appellant stated that he was intoxicated and having difficulty controlling his vehicle. Appellant further conceded that he drove in a conscious effort to escape from what he recognized as a patrol car. He denied, however, that he ever intentionally rammed the police vehicle, and although he had no memory of any collision, he believed it must have resulted from simply losing control of his car.
Substantial evidence supports the court's verdict.
Appellant was represented by counsel throughout the proceedings.
There were no errors in the sentencing that would accrue to appellant's benefit.
There are no issues that require further briefing.
The judgment is affirmed.
We concur:
Jones, P. J.
Simons, J.
Page 1 2 California DUI Attorneys
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