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Date: 01-27-2023
Case Style:
The People v. Brett Michael Parr
Case Number: F082377
Judge: Levy
Court: California Court of Appeals on appeal from the Superior Court, Fresno County
Plaintiff's Attorney: Fresno County California District Attorney's Office
Defendant's Attorney:
Description: Fresno, California criminal defense lawyer represented Defendant charged with felony driving while intoxicated (DUI).
On October 8, 2018, around 8:00 p.m., a witness was driving on a freeway when she saw a truck in front of her swerving between lanes. The witness followed the truck as it exited the freeway onto a loop-shaped off-ramp. The truck did not slow down as the road began to turn. It went off the road and over the side of an embankment, rolling until it came to rest on the driver's side.
The witness immediately pulled over and ran to the truck. She looked inside of the truck and only saw appellant. She asked appellant if anyone else was in the truck, and he said no. She looked around to see if anyone had been ejected from the truck but did not see or hear anyone. She helped pull appellant out of the truck through the passenger's side door. As she did so, she noticed he smelled of alcohol. She walked with appellant up the embankment to the off-ramp and waited with him for a few minutes until police arrived.
Officer Matthew Olsen of the California Highway Patrol was dispatched to the accident. Appellant, the witness, and paramedics were on scene when he arrived. After the paramedics finished talking to appellant, Olsen began asking him questions about the accident. Olsen noticed the strong odor of alcohol emanating from appellant's breath and person, and observed he was "lethargic" and "sluggish."
Appellant told Olsen the accident occurred because he did not slow down enough when he tried to take the off-ramp. He claimed he was driving from his father's house, where he had consumed five or six beers. Appellant repeated several times he was the driver and the only person inside of the truck, and Olsen observed he was in possession of the keys. While speaking about the accident, appellant provided several inaccurate details, including the freeway exit he thought he was taking and the direction he thought he was traveling.
Olsen administered three field sobriety tests, which appellant was unable to perform correctly. Olsen offered to let appellant take a preliminary alcohol screening breath test, but he refused. Olsen then placed appellant under arrest for driving under the influence of alcohol. Appellant was transported to a hospital where a sample of his blood was drawn at 9:20 p.m.
A criminalist tested appellant's blood sample, which revealed appellant's blood-alcohol content was 0.27 percent. The criminalist opined that all individuals are too impaired to safely drive a motor vehicle at a 0.08 percent or higher blood-alcohol content. He estimated that for appellant to reach a blood-alcohol content of 0.27 percent, he would have had to have consumed at least 11 beers within the previous three hours.
Appellant's sole witness at trial was his father, Michael Parr.[3] Michael testified that on the night of the accident, appellant and a co-worker named Jojo came to his house around 6:00 p.m. or 7:00 p.m. to help him move some furniture. Appellant and Jojo arrived in a truck that Michael believed belonged to appellant's employer. Appellant and Jojo were both extremely intoxicated when they arrived. Michael did not see them drink anything at his house. They stayed for about 30 minutes, then Michael walked them out to the truck. When they left, Jojo was driving the truck, and appellant was in the passenger's seat.
People v. Parr (Cal. App. 2023)
Outcome: Conviction affirmed on appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments: