California Court of Appeal

In a prosecution of defendant for driving with .08 percent or higher blood-alcohol concentration, trial court's order requiring defendant to pay restitution to the victim of the hit and run in the amount of $4,468.40 is reversed and remanded as the trial court abused its discretion by failing to make a clear statement of the calculation method it used in ordering restitution. On remand, it will be for the trial court to decide in the first instance, consistent with the principles of proximate causation, whether the restitution order should include the amount the victim paid to repair her car.

Appellate Information

• Decided 08/11/2010
• Published 08/11/2010

Judges

• ROBIE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Robert Navarro, Edmund G. Brown, Jr.