FEBRUARY 12, 2010 — A man on his way to work at Viejas Casino was killed in a crash on Interstate 8 Friday morning, authorities reported. The crash occurred on eastbound I-8 west of Willows Road around 6 a.m. The victim, whose identity was not immediately released, was driving a 2003 Mitsubishi Lancer at an estimated 85 mph when he struck the rear of a 2000 Ford F650 truck with its hazard lights on. After the initial collision with the Ford, the Mitsubishi went down an embankment on the right side of the road and struck a large rock. The man driving the Mitsubishi died at the scene. The driver of the Ford, a 35-year-old El Cajon man, was not hurt in the crash. The CHP is investigating the cause of the fatal Interstate 8 accident.

OCTOBER 12, 2009 – The State Department of Alcoholic Beverage Control (ABC) is quickly learning that solving one problem leads to a new problem. After years of cracking down on liquor stores and other businesses for selling alcohol to minors, ABC is now tasked with another problem: teens who get their alcohol from adults, often at house parties. Many parents allow underage drinking in their homes, under the premise that it is safer if they drink at home than somewhere else. Despite all the best intentions, allowing groups of minors to drink in a home is illegal.

Crashes Involving Underage Drinking: Target Responsibility For Alcohol Connected Emergencies (TRACE)

The Target Responsibility For Alcohol Connected Emergencies (TRACE) Unit is a specialized team of ABC Investigators who conduct investigations throughout California for incidents, involving minors, alcohol, and serious injuries or fatalities. The TRACE Unit has investigated 23 cases in San Diego County since 2006. Here are some of them:

• TRACE investigated the case of Daniel R. Martinez, 23, of Escondido, who furnished alcohol to two teenagers who later died in an alcohol-related crash. Martinez was sentenced in San Diego County North County Regional Court to 3 years probation, 24 hours of community service, and fined $3,745.

• The District attorney’s office is currently reviewing a case involving a 45-year-old woman and a 21-year-old man who provided alcohol to a 19-year-old Fallbrook firefighter before he died in a crash on Highway 76 in December, 2008.

• TRACE is currently investigating the source of alchol that contributed to the death of Alex Michael Capozza on October 4 in Rancho Santa Fe. Capozza had been the only fatality out of five occupants in a solo-vehicle crash driven by a 17-year-old boy who had been drinking.

A History of San Diego County Social Host Ordinance

With the help of the North Inland Community Prevention Project, Poway City Council member Jay Goldby introduced the county’s first social host ordinance in the fall of 2002. On April 21, 2003, the San Diego City Council passed the social host ordinance to penalize adults for providing alcohol to minors. Poway was the second city in the county to pass a social host ordinance. Under the ordinance, adults and minors who allow groups of three or more people younger than age 21 to drink alcohol in their homes face up to six months and jail and a fine of up to $1,000. Hosts may also face civil liability for providing alcohol, if the use of alcohol results in injury or death (such as an alcohol-related crash).

North County Cities With Social Host Ordinances

Underage drinking should be a serious concern for parents of teenagers. A new billboard installed last week along westbound Highway 78 near El Camino Real is a sober warning to parents about social host ordinances in San Diego County. Oceanside, Vista, San Marcos, Escondido and Carlsbad all have adopted Social Host ordinances, as well as Poway, Encinitas, La Mesa, El Cajon, Santee, the City of San Diego and the unincorporated areas of San Diego County.

Social Host Ordinance Means Criminal Prosecution and Civil Liability

San Diego County’s social responsibility ordinance requires parents who have reasonable knowledge of underage drinking on their property to stop it. Penalties include up to six months in jail or a $1,000 fine. Additionally, hosts may face civil responsibility if the injured person claims the negligence of the host caused a minor’s injuries or death. In San Diego County, violation of this law may be sufficient to establish negligence. The social host ordinance not only applies to drunk-driving deaths and injuries to minors, but also to many other alcohol-related problems, such as binge drinking, alcohol-related violence, sexual assault, and rape. For more information about civil liability for accidents, injuries and fatalities caused by underage drinking as a result of social host violations, contact Estey & Bomberger at (619)543-1391.

OCTOBER 12, 2009 – Police have reported a 47-year-old Yucaipa man was killed early Sunday morning in Clairemont. A female passenger in the vehicle suffered a serious head injury. According to reports, Yun Taek Park, of Yucaipa, was leaving a relative’s apartment on Clairemont Drive near Indian Way at about 2:20 a.m. when the accident occurred. He attempted to pull his 2006 Acura sedan across traffic lanes but was struck on the driver’s side by a 2005 Nissan XTerra. He died of his injuries at the scene. Police reported the 29-year-old driver of the Nissan XTerra had been drinking. The fatal Clairemont accident remains under investigation.

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OCTOBER 9, 2009 – A San Diego woman was killed early Thursday morning in a crash at a City Heights intersection, San Diego Police reported. The fatal crash occurred around 6 a.m. at Fairmont Avenue and El Cajon Boulevard. According to reports, the woman, 40, whose identity was not released, was travelling north on Fairmont Avenue when, for unknown reasons, she ran the light at El Cajon Boulevard. Her Toyota Corolla collided with a Mercury Marquis heading east. The driver of the Mercury Marquis, a 20-year-old woman, though not deemed at fault, was arrested on suspicion of driving under the influence of alcohol. The driver of the Corolla was taken to the hospital where she died of her injuries. Police are investigating the cause of the crash.

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OCTOBER 7, 2009 – Five Torrey Pines High School students were involved in a solo-vehicle rollover crash in Rancho Santa Fe early Sunday morning that left one boy dead, the CHP has reported. The accident, which involved a Mazda 3, happened on La Granada near the Rancho Santa Fe Golf Club. The driver of the car, whose name has not been released, was booked into Juvenile Hall on suspicion of driving under the influence of alcohol and vehicular manslaughter. The right, rear passenger of the Mazda, 17-year-old Alex Michael Capozza, was ejected from the vehicle and died of his injuries at the scene of the crash. Another passenger suffered a scalp laceration and other injuries and was taken to Scripps Memorial Hospital in La Jolla in critical condition. The cause of the fatal Rancho Santa Fe accident remains under investigation.

The California Department of Alcohol Beverage Control (ABC) is also investigating the source of the alcohol involved in the accident. Prior to the crash, the five teenagers were reportedly drinking at a $5.7 million Rancho Santa Fe estate. The owner of the home told local news reporters that he was out of town when the get together occurred. Under San Diego County’s social host ordinance, the hosts of parties involving underage drinking may face penalties for allowing underage drinking in their homes. According to authorities, when it comes to knowing what is going on and what kind of alcohol is inside a home, the property owner is responsible, and could face criminal or civil litigation.

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SEPTEMBER 17, 2009 – A San Diego man died Thursday in a crash on the connector ramp from southbound Interstate 5 to eastbound Highway 78, authorities have reported. The crash, which occurred just before 7 a.m. Thursday, involved a 2002 Lexus IS 300 and a big rig towing a 32 foot cargo trailer. For unknown reasons, the driver of the big rig lost control of the truck on the offramp and rolled onto the Lexus. The driver and sole occupant of the Lexus, Gustavo Gracia, 33, of north county, died at the scene. The driver of the big rig, a 32-year-old Bellflower man, was taken to Palomar Medical Center with minor injuries. The connector ramp to Highway 78 was closed for nearly five hours while authorities investigated. The California Highway Patrol is investigating the cause of the fatal Highway 5 accident.

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AUGUST 29, 2009 – Four people were killed Friday evening in a crash in Santee, the California Highway Patrol has reported. The crash occurred on State Route 125 near Mission Gorge Road, north of La Mesa. According to the CHP, a person called 911 at 6:36 p.m. and reported having a stuck accelerator and was unable to stop at an approaching intersection near Mission Gorge Road. The car was estimated to be travelling at more than 100 mph when the crash occurred. The vehicle caught fire and all four occupants died at the scene. The cause of the fatal Santee crash is under investigation.

AUGUST 22, 2009 – A 27-year-old man was killed early Saturday in a solo-vehicle SUV rollover accident in Chula Vista, authorities reported. The San Diego County crash occurred on H Street, near Fourth Avenue at 4:15 a.m. The driver, whose name was not released, was ejected from his Chevrolet Tahoe and died at the scene of the crash. Further details were not immediately available. Police are investigating the cause of the Chula Vista auto accident.

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AUGUST 18, 2009 - The San Diego County Medical Examiner has identified a 34-year-old Santee man as the passenger killed by a suspected drunken driver in Lakeside, authorities said. Patrick Michael Elerding was riding in a 1990 Volvo 240DL that was traveling west on El Monte Road about 1 a.m., according to the California Highway Patrol. The driver of the car, identified as 37-year-old Nico Faulk of San Diego, lost control of the vehicle just east of Lake Jennings Park Road, crossed over the double-yellow lines and collided head-on with a large oak tree, authorities said. An off-duty San Diego police officer came across the wreckage and called emergency personnel. Elerding was declared dead at the scene, according to the medical examiner. Faulk complained of back pain and was transported to Sharp Memorial Hospital for evaluation. He’s expected to be booked on charges of vehicular manslaughter and felony driving under the influence upon his release, authorities said. The CHP is continuing to investigate the fatal car accident.

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AUGUST 18, 2009 - A woman was seriously injured when she was struck by a suspected drunken driver while walking through the parking lot of a local market, authorities said. The collision occurred about 4:30 p.m. as the woman walked with her husband to their car in the parking lot of San Marcos Market on West Mission Road near Pico Avenue, according to the San Diego County Sheriff’s Department. The driver of a Saturn SL was apparently backing up when he struck the woman and dragged her under the car for about 40 feet, officials said. The victim suffered serious internal injuries, as well as injuries to her right arm, back and ribs. The driver fled west on West Mission Road where he was spotted by a Palomar College police officer, officials said. The driver, identified as 27-year-old Leopoldo Morales of San Marcos, was pursued for a short distance before he crashed head-on into a parked car on Descanso Avenue. He fled on foot, but witnesses pointed him out to police and he was arrested on Linda Vista Drive, authorities said. Morales was booked at Vista Jail on suspicion of driving under the influence and causing serious bodily injury, hit-and-run and evading arrest, authorities said. He was held on an immigration hold. The San Diego County Sheriff’s Department is continuing to investigate the pedestrian accident.

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