Thursday, May 4, 2017

A conviction for vehicular manslaughter merits disbarment, according to a recommendation of the California state Bar Court Review Department.

On April 30, 2013, Respondent was erratically swerving through four lanes of traffic, on and off the landscaping and as she drove her Honda Pilot eastbound on Pleasant Grove Boulevard. At the intersection of Pleasant Grove Boulevard and Roseville Parkway, cars were stopped at a red light. At approximately 3:40 p.m., Respondent’s car and two other vehicles were involved in a collision. Three other vehicles were involved in a separate collision that occurred near Respondent’s car. Respondent was charged with causing both collisions, which resulted in several individuals sustaining injuries.

In the accident involving Respondent’s vehicle, Bonnie Weaver was driving a Saturn Vue that Respondent rear-ended. Bonnie and her husband of 48 years, Robert Weaver, were en route to a grandchild’s baseball game. Robert was riding in the front passenger seat. The couple suffered serious injuries in the accident and both were transported to the hospital. Robert died from his injuries a few hours later.

Following the accident, officers from the Roseville Police Department responded to the scene almost immediately and various officers began to interview Respondent. Respondent admitted to police that she was taking the following prescription medications: Cymbalta, Xanax, Wellbutrin, Restoril, Neurontin (Gabapentin), Topril and Lisinopril. Respondent told Sergeant Jeffrey Beigh, a trained drug recognition expert, that she was taking two prescription medications for anxiety (Xanax and Neurontin) and two prescription medications for depression (Cymbalta and Wellbutrin). Respondent did not inform the police that she was also taking Tramadol for pain management.

The court

Here, the accident was clearly tragic, and Respondent did not intentionally rear-end the Weavers. But, she knew she was addicted to prescription drugs and that she had, as she had often done, exceeded her prescribed dosage. In August 2011, Dr. Hembd informed Respondent that her decision to fill medication from three different medical providers and three different pharmacies indicated she had a drug abuse problem. He advised her to seek assistance for management of substance abuse. Respondent knew that she was addicted to prescription drugs and after consuming more than the amount of prescribed medication, she drove her vehicle. She knew or should have known that it was unlawful for a person who is impaired and/or under the influence of a drug to drive a vehicle, (see Veh. Code, §23153), and she reasonably should have known that injury to others was a possible if not a probable result of her intoxication. (See In re Alkow (1966) 64 Cal.2d 838 [attorney’s vehicular manslaughter conviction involved moral turpitude where attorney had faulty vision and he "must have known that injury to others was a possible if not probable result of his driving"].)

Respondent’s felony conviction also involved concealment and dishonesty. Respondent was not candid when she attempted to justify her serious mistake by misrepresenting to Sergeant Beigh that she had only taken two Neurontin pills prior to the accident when she had taken at least six or seven. Respondent was also dishonest when she told Sergeant Beigh that the accident occurred because she was distracted while changing her car radio.

The offense was found to involve moral turpitude. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2017/05/on-april-30-2013-respondent-was-erratically-swerving-through-four-lanes-of-traffic-on-and-off-the-landscaping-and-as-she-d.html