(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
The collision was investigated by Officer A. E. Jones of the California Highway Patrol. In his report Jones states the following:
“P-1 [Chris] stated he was driving V-1 westbound on Greenback approaching Sunrise Blvd., in the #1 or #2 lane at 50 mph. He stated, ‘I ran the Sunrise light.’”
The investigating officer noticed a strong smell of alcohol on the defendant. He noticed that his speech was slow and slurred and that his eyes were red and watery. When asked if he had consumed any alcohol that evening, the defendant stated to the officer that he had drank between one-half to one bottle of white Zinfandel strawberry wine and had 2 – 3 shots of Bacardi 151 proof. The officer found on the right front floorboard of defendant’s car three empty bottles of Arbor Mist Strawberry wine and one bottle of Bacardi 151 proof that was one-quarter full.
The investigating officer arrested the defendant for violating 23152(a) CVC, driving under the influence of an alcoholic beverage. He recommended the District Attorney charge defendant with the following offences:
1. 23153(a) CVC: Driving under the influence of an alcoholic beverage causing injury. [FELONY]
2. 23153(b) CVC: Driving under the influence of an alcoholic beverage, BAC .80% or more, causing injury. [FELONY]
3. 23140(a) CVC: Under 21 years of age driving with a BAC of .05% or more.
This is a case of aggravated liability. As a result, plaintiff seeks compensatory and punitive damages. (See Part 3 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.
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