People v. Sussman

WOOD (Parker), J. Defendant was charged in count I with violating section 501 of the Vehicle Code, a felony, in that on October 14, 1952, he drove an automobile, while under the influence of intoxicating liquor, proximately causing bodily injury to Clelland E. Beltz. In count II the charge against defendant was the same as the charge in count I except that the person alleged to be injured was Sam W. Winick. Trial by jury was waived. Defendant was adjudged [718]guilty as charged in both counts. Judgment was that he be imprisoned in the county jail for one year on each count, said terms to run concurrently. Probation was granted and the execution of the sentences was suspended upon condition that he serve six months in the county jail. He appeals from the judgment.

About 2 a. m. on October 14, 1952, defendant and one Winiek met Miss Arnold in a café at La Brea Avenue and Rodeo Road. About 2:30 a. m. they (all three) left that place in Winiek’s automobile, which was driven by him, and went to an “after-hours spot” (a place where alcohol is sold), arriving there about 3 a. m. At that place defendant had five drinks of double shots of Scotch over ice. Winiek and Miss Arnold each had one and one-half drinks. They (all three) left that place about 5 a. m. in appellant’s automobile, which was driven by him. Miss Arnold testified that when defendant backed his automobile as they were leaving the parking lot, she saw that he was drunk “because he slammed on the brakes.” The automobile driven by defendant and the automobile driven by Mr. Beltz collided within an intersection where four streets join at approximately right angles. The street east of the intersection is Rodeo Road. To the west (the continuation of Rodeo) is Jefferson Boulevard. To the north is also Jefferson Boulevard. (In other words, Jefferson makes a right angle turn at the intersection—extending west and north from the intersection.) On the south side is Moynier Lane. There were boulevard stop signs and flashing red lights at each corner of the intersection. Defendant was driving west on Rodeo, and immediately before the accident he was traveling faster than 30 miles an hour. He did not stop or decrease his speed before entering the intersection. Mr. Beltz, who was driving east on Jefferson—going in the direction opposite the direction in which defendant was going, made a left turn in the intersection. The impact was northwest of the center of the intersection. There were skid marks about 30 feet long leading to appellant’s automobile. Those marks began approximately 5 feet east of the “intersection side” (west side) of the marked crosswalk (at the east side of the intersection) and they ended 23 feet east of the west curb of Jefferson.