Riverside Co. Sheriff's Dept. v. Adler
Filed 8/21/06 Riverside Co. Sheriff's Dept. v. Adler CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| RIVERSIDE COUNTY SHERIFF'S DEPARTMENT, Plaintiff and Appellant, v. SARA ADLER, Defendant and Respondent; RUSSELL FRAZER, Real Party in Interest and Respondent. | E038756 (Super.Ct.No. RIC418127) OPINION |
APPEAL from the Superior Court of Riverside County. Thomas H. Cahraman, Judge. Affirmed.
Ferguson, Praet & Sherman and Bruce D. Praet for Appellant County of Riverside.
Law Offices of Anthony D. Weber and Anthony D. Weber for Real Party in Interest, Russell Frazer.
The Riverside County Sheriff's Department (the Department) appeals from the judgment denying its petition seeking a writ of administrative mandamus to compel respondent, Sara Adler (Adler), an administrative officer, to set aside her order reinstating real party in interest Russell Frazer (Frazer) to employment as a deputy sheriff. The Department had terminated Frazer's employment after he pled guilty to two felony counts of drunk driving.
PROCEDURAL BACKGROUND AND FACTS
Frazer was hired as a deputy sheriff with the Department in 1979, and he was a deputy sheriff with the Department in July 2002. On July 10, he drank at Cactus Jack's Bar and Restaurant in the evening. Before leaving, off-duty Deputy Sheriff Kenneth Black offered to give Frazer a ride home due to Frazer's intoxicated condition. Frazer rejected the offer and in the late evening of July 10 drove from Cactus Jack's to his home, which was about 20 minutes away.
At approximately 12:17 a.m., Frazer was involved in an accident in which his vehicle drifted off the westbound Interstate 10 Freeway and struck a pickup truck parked on the shoulder of the highway. The owner of the pickup truck, who was changing a tire, was struck and injured. Frazer also sustained severe injuries, especially to his chest, face and mouth.
As a result of the accident, Frazer was arrested and charged with two felony violations of Vehicle Code section 23153, subdivisions (a) and (b). Subdivision (a) provides, â€
