People v. Jones CA2/6

Filed 6/13/25 P. v. Jones CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B334989 (Super. Ct. No. 23CR06348) Plaintiff and Respondent, (Santa Barbara County)

v.

THOMAS JONES,

Defendant and Appellant.

Thomas Jones appeals a judgment following his conviction of driving under the influence of alcohol (Veh. Code,1 § 23152, subd. (a)) (count 1) and driving with a suspended license for a prior driving under the influence of alcohol conviction (§ 14601.2, subd. (a)) (count 2). The trial court found there were aggravating factors, including that Jones had three prior convictions. It sentenced him to three years, with 18 months to be served in custody and the remainder on mandatory supervision. The court also imposed a number of fines, including a $1,690 fine

1 All statutory references are to the Vehicle Code.

purportedly under section 23552. We conclude the $1,690 fine is unauthorized because the maximum fine under that section is $1,000. We remand to the trial court with instructions that the court retains discretion to correct the record and impose fines supported by statutory authority. If the court elects to impose a fine under section 23552, it may not impose a fine that exceeds $1,000. In all other respects, we affirm. FACTS At 11:40 p.m., on September 17, 2023, California Highway Patrol Officer Brian Hanrahan saw a Nissan Versa traveling in excess of 100 miles per hour on a stretch of highway where the speed limit is 65 miles per hour. The car was weaving across highway lanes. Hanrahan conducted a traffic stop. Jones was the driver. Hanrahan suspected Jones was under the influence of alcohol. He smelled alcohol in the car. Jones’s eyes were “watery,” his speech was “slurred,” and there was vomit on his shirt and pants. Jones said he was coming from the Chumash Casino and was going home. Hanrahan administered roadside field sobriety tests. He conducted a horizontal gaze nystagmus test. Jones’s performance showed a “level of impairment” consistent with a “blood alcohol concentration above the legal limit.” Hanrahan conducted a Romberg test where Jones had to close his eyes, tilt his head, and “estimate thirty seconds.” Jones’s performance showed his impairment due to alcohol. Jones was arrested. Hanrahan advised him that the law required that he take a chemical test to determine the alcohol content of his blood. Jones refused to take the test. He was