People v. Fite

Defendant was found guilty by a court, sitting without a jury, of violating section 28101 of the Vehicle Code, i.e., felony drunk driving. He appeals from the judgment of conviction.

At the trial the case was submitted upon the following stipulation of facts; On May 5, 1967, defendant drove a motor vehicle on a public highway. In so doing, defendant neglected a duty imposed upon him by law by failing to yield the right-of-way in violation of Vehicle Code section 21801. Such negligent procedure caused bodily injury to a person other than himself, to wit, Barbara Harder, a human being.

Upon being…