People v. Baxter

[649]

SHINN, P. J.

In a court trial, Robert James Baxter was convicted of violating Vehicle Code, section 501. He appeals from the judgment and the denial of his motion for new trial.

At 3 a.m. on August 1, 1957, Rosemary Boots was driving north on Sepulveda Boulevard in El Segundo. A southbound car driven by Baxter crossed over the double line and struck the Boots’ car head-on, damaging both vehicles and causing severe injuries to Mrs. Boots, who suffered a broken leg and 10 broken ribs.

Officers Whitley and Cascio of the El Segundo police arrived at the scene a few minutes after the accident. The officers assisted Baxter from his car to the curb. Upon searching the car, they found some coke bottles and two bottles of liquor, one of which was broken and the other intact. The officers testified that appellant’s breath smelled of alcohol, his eyes were flushed and his speech was incoherent. He staggered and swayed when they helped him walk from his car to the curb and from the curb to the police car. In the officers’ opinion, Baxter was under the influence of intoxicating liquor.

Appellant and Mrs. Boots were taken to the office of a Dr. Prank Lowe, who examined them. Baxter was then taken to the police station. Andrew DeJong, a police officer, gave Baxter a sobriety test at the station shortly after 4 a.m.; he did not give appellant a blood test or an intoximeter test. DeJong testified that Baxter’s breath smelled of alcohol, his eyes reacted poorly to light, his speech was slurred, he did not understand questions put to him and his balance was poor. In DeJong’s opinion, appellant was under the influence of liquor.

When asked by the officers whether he was hurt, Baxter at first said nothing but later complained of a slight pain in his right arm. Upon being asked by DeJong what had happened, appellant answered that he had consumed three or four bourbons at a hotel in Santa Monica during the evening; that he was on his way home when the accident occurred and that he “must have dozed off to sleep, and the next thing he noted, he was applying the brake just a fraction of a second before the impact.” He also told DeJong that he was suffering from a heart condition and had taken some dexedrine at about 8 p.m.