P. v. Blum
On May 1, 2005, an officer with the Jackson Police Department stopped defendant's vehicle for expired registration tags. The officer smelled alcohol on defendant's breath and observed that her eyes were red and watery. When asked if she had been drinking, defendant admitted consuming three "Kamikazes." After performing several field sobriety tests, the officer determined defendant was driving under the influence of alcohol. After being placed in the patrol car, defendant kicked out the rear window and had to be forcibly removed. Defendant also refused to allow herblood to be drawn and spat in the face of the person who attempted to draw it. She was charged in case No. 05CR7911 with vandalism, a
felony (Pen. Code, S 594, subd. (a)); simple battery, a misdemeanor (SS 242,243, subd. (a)); obstructingan officer, a misdemeanor (S 148, subd. (a)(1)); driving under the influence of alcohol ordrugs, a misdemeanor (Veh. Code, S 23152, subd. (a)); driving while having a 0.08% orhigher blood alcohol content, a misdemeanor (id., S 23152, subd. (b));and driving with a suspended license,a misdemeanor (id.,S 14601.1, subd. (a)). With respect to the drivingunder the influence counts, it was further alleged that defendant refused tosubmit to a chemical test (id., S 23577) and had a prior conviction fordriving under the influence (id., S 23152, subd. (a)).
The trial court is directed to prepare an amended abstract of judgment and to forward a certified copy to the Department of Corrections and Rehabilitation.
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