Tue. May 27th, 2025
DUI driver hits police car during fatal OC crash investigation

Fountain Valley, CA – May 26, 2025 – The Fountain Valley Police Department has reported a fatal traffic collision that occurred on Saturday, May 25, 2025, at approximately 10:32 p.m. The incident took place on Warner Avenue at Los Jardines West.

According to a police press release, a gray Toyota Corolla was traveling westbound on Warner Avenue when it struck a pedestrian who was running southbound from Mile Square Park into the intersection with Los Jardines West.

Scene of fatal pedestrian accident in Fountain Valley

The pedestrian, identified as 35-year-old Alexandra Payerli of Santa Ana, was transported to an area hospital where she later succumbed to her injuries. Our deepest condolences go out to her family, who have been notified of this tragic loss.

The driver of the Toyota, a 17-year-old male from Westminster, remained at the scene and is cooperating with investigators.

At this time, alcohol and/or drugs do not appear to be factors in the collision, and the investigation is ongoing. The Fountain Valley Police Department Traffic Bureau is actively seeking witnesses. If you have any information regarding this incident, please contact them at 714-593-4481, referencing Incident #25-16166.

Unrelated DUI Incident at the Same Location

Interestingly, while investigating the fatal collision, an unrelated traffic collision occurred at the very same location. In this separate incident, a DUI driver struck an unoccupied stationary police unit. Fortunately, no officers were injured, and the DUI driver was arrested. This serves as a stark reminder of the dangers of impaired driving and the importance of vigilance, even during emergency operations.

Our thoughts are with all those affected by these incidents. Please remember to drive safely and be aware of your surroundings, especially around intersections and during nighttime hours.

Penalties for a DUI conviction in California are complex and depend on many factors. The specific outcome for the driver in this Fountain Valley case would be determined by a court based on the precise circumstances, the driver’s criminal history, and the discretion of the prosecutor and judge.

Potential Penalties for a DUI Driver Hitting a Police Car in Fountain Valley, CA

In California, a DUI offense is primarily defined by Vehicle Code 23152 (driving under the influence of alcohol or drugs). When a DUI involves additional aggravating factors, such as hitting a police vehicle or causing injury, the penalties become significantly more severe.

Here are the key factors and potential penalties:

1. Standard DUI Penalties (Misdemeanor for a First Offense):

Even without the collision, a first-offense DUI in California typically carries:

  • Jail Time: A minimum of 48 hours up to six months in county jail.
  • Fines: Base fines between $390 and $1,000, but with assessments and fees, total costs can run into thousands of dollars ($3,000 to $15,000+).
  • License Suspension: A driver’s license suspension (often 6-10 months for a first offense), though a restricted license with an Ignition Interlock Device (IID) may be available.
  • DUI School: Mandatory completion of an alcohol and/or drug education program (3, 6, or 9 months depending on BAC).
  • Probation: Typically 3 to 5 years of informal probation with various conditions.

2. Aggravating Factors and Enhanced Penalties:

Hitting a police vehicle, even if unoccupied, introduces several aggravating factors that can significantly increase the penalties.

  • Damage to Property (Misdemeanor Hit and Run or Property Damage):
    • If the driver fled the scene after hitting the police car, they could face Vehicle Code 20002 (Hit and Run) for property damage, which is a misdemeanor. This carries additional jail time (up to 6 months) and fines (up to $1,000). Even if they remained at the scene, the fact of the collision itself is a serious issue.
  • Collision with Emergency Vehicle/Law Enforcement Property: While there isn’t a specific “hitting a police car” DUI enhancement in California, the act could lead to:
    • Increased Fines and Jail Time: Judges often impose harsher sentences within the standard DUI ranges due to the severity of hitting a public safety vehicle.
    • Restitution: The driver would be ordered to pay full restitution for all damages to the police vehicle.
  • Disrupting Law Enforcement Duties (Potentially Resisting/Obstructing):
    • While not a direct “DUI” charge, hitting a police vehicle during an ongoing investigation could potentially be viewed as delaying or obstructing officers in the performance of their duties (Penal Code 148(a)(1) – Resisting Arrest/Obstructing), especially if it forced officers to stop their primary investigation to deal with the new incident. This is typically a misdemeanor.
  • Prior DUI Convictions: If the driver has prior DUI convictions within the last 10 years, the current DUI charge will be treated as a second, third, or subsequent offense, leading to dramatically increased penalties, including:
    • Longer mandatory jail sentences (e.g., 96 hours to 1 year for a second offense, 120 days to 1 year for a third).
    • Longer license suspensions.
    • Longer DUI school programs.
    • Possible felony charges for a fourth or subsequent DUI.

3. “Wobbler” Offenses (Misdemeanor or Felony):

While the information states the police car was “unoccupied” and no officers were injured, if there were any injuries to officers or other individuals in the vicinity as a result of the DUI driver hitting the police car, the charges could escalate to:

  • DUI Causing Injury (Vehicle Code 23153): This is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the severity of the injury and the driver’s criminal history.
    • Misdemeanor DUI with Injury: Up to 1 year in county jail, fines up to $5,000, longer license suspension, and mandatory restitution.
    • Felony DUI with Injury: Can result in 16 months to 6 years in state prison (with enhancements for great bodily injury), fines up to $5,000, and a longer license suspension (up to 5 years or more).
  • Felony DUI (if certain conditions met): Even without injury, a DUI can be charged as a felony if:
    • It’s the driver’s 4th or subsequent DUI within 10 years.
    • The driver has a prior felony DUI conviction.

In this specific Fountain Valley case, given that the police car was unoccupied and no officers were injured, it is highly likely that the driver would face the standard DUI charges (potentially as a misdemeanor if it’s a first offense, or a felony if it’s a repeat offense) along with potential charges related to property damage and enhanced penalties due to the circumstances of hitting a police vehicle.

author avatar
Art Pedroza Editor
Our Editor, Art Pedroza, worked at the O.C. Register and the OC Weekly and studied journalism at CSUF and UCI. He has lived in Santa Ana for over 30 years and has served on several city and county commissions. When he is not writing or editing Pedroza specializes in risk control and occupational safety. He also teaches part time at Cerritos College and CSUF. Pedroza has an MBA from Keller University.

By Art Pedroza

Our Editor, Art Pedroza, worked at the O.C. Register and the OC Weekly and studied journalism at CSUF and UCI. He has lived in Santa Ana for over 30 years and has served on several city and county commissions. When he is not writing or editing Pedroza specializes in risk control and occupational safety. He also teaches part time at Cerritos College and CSUF. Pedroza has an MBA from Keller University.

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