People v. Queen T.

Opinion

SONENSHINE, J.

Queen T. (minor) was found in violation of Vehicle Code

1

section 23153, subdivision (a), driving under the influence of alcohol and causing injury, and an allegation she inflicted great bodily injury was found true. The issue presented on this appeal is whether steering a vehicle, without controlling the accelerator or brakes, constitutes “driving.” We hold that it does.

I

At approximately midnight on November 20, 1991, the minor and her friend Alma Sanchez were passengers in a car owned by Alfonso Rivas’s father. Rivas was sitting in the driver’s seat and the minor was in the front passenger seat. Rivas agreed to drive Sanchez home, but did not know where she lived. Accordingly, the minor agreed to steer the car while Rivas operated the accelerator and brakes.

[1145]

As they headed northbound on Lincoln Street in Santa Ana, approaching Catalina Street, the minor saw a motorcycle heading toward them. Believing she could execute a left turn safely, she began the turn onto Catalina. She then realized she could not make the turn in time, and could not avoid a collision. The two young men on the motorcycle survived, but one suffered injury to his brain stem, and additionally sustained a broken arm and a broken clavicle. The second sustained injuries requiring a traction pin and a cast.

Minor and Rivas displayed signs of intoxication, and she admitted to drinking two beers at a park.

II

Minor contends she was not driving the car, within the meaning of section 23153, subdivision (a), because she was only steering it and was not “controlling a vehicle while in motion.”

(People

v.

Hernandez

(1990) 219 Cal.App.3d 1177, 1183 [269 Cal.Rptr. 21].) She claims it was Rivas who actually was in control of the vehicle because he “was in the driver’s seat. He had control of the accelerator and brakes, he could start or stop the car at will . . . and was in a position to overrule any action taken by [minor].”