The following excerpts are taken from real California DUI cases and may prove useful in your own DUI research. If you have any questions at all about the DUI process in California, feel free to contact the California DUI defense attorneys at our firm. Initial consultations are always free of charge.
David Nathaniel PENCE, Plaintiff, v. SCRIPPS HOSPITALS, Defendant., 2008 WL 5205013 (Trial Pleading) (S.D.Cal., August 29, 2008), Emergency Petition for Extraordinary Writ of Prohibition to Enjoining Defendant from Releasing Confidential Medical Records of Petitioner, (No. 08 CV 1592 DMS JMA.)
...accident as a violation of CVC 22350 (for which Petitioner was not cited); (5) lists an “associated factor” as CVC 23152(a) (DUI) (indicating Petitioner was cited); (6) makes NO reference to Petitioner's statements; (7) indicates no police PAS testing of Petitioner; and...
Kevin Lynell KING, Petitioner, v. THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, County of Yolo, Respondent, PEOPLE OF THE STATE OF CALIFORIA, Real party in interest., 2008 WL 4384419 (Appellate Petition, Motion and Filing) (Cal., August 22, 2008), Petition for Review and Request for Stay of Proceedings Presently Set for November 10, 2008, (No. S166118.)
...vehicular manslaughter while intoxicated (§ 191.5, subd. (a)); Count 3: Vehicular manslaughter (§ 192 subd. (c) (1)); Count 4: DUI within ten years of three or more convictions ( Veh. Code, §§ 23152 , subd. (a), 23550 , subd. (a)); Count 5: Driving with license suspended or revoked for refusing chemical test or excessive blood...
...subd. (c) (failure to exercise due care). Count 5: Amended to allege hit and run with death ( Veh. Code, § 23152 , subd. (a)(b)(2). Count 6: Amended to allege the charge alleged in former count 5. The information also alleged...
...suffered the following prior convictions: Prior 1: Convicted March 6, 1997 in Solano County for violation of Vehicle Code section 23152 , subd. (b) (arrest date: December 17, 1996); Prior 2: Convicted March 8, 2001 in Alameda County for violation of Vehicle Code section 23152 , subd. (a) (arrest date: August 10, 2000); and Prior 3: Convicted September 29, 2005 in Sacramento County for violation of Vehicle Code section 23152 , subd. (b) (arrest date: August 25, 2005). The respondent court arraigned Mr. King on the information on June 27, 2008...
PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. Patrick Franklin HARMMOND, Defendant and Appellant., 2008 WL 6047843 (Appellate Petition, Motion and Filing) (Cal., August 18, 2008), Petition for Review, (No. S165982.)
...667.5 5 1202.4 5 1202.45 5 12021 5 12021.1 5 12316 4 California Vehicle Code, Sections: 23152 4, 14 23153 5 23550 4 23550.5 4 23612 passim Jury Instructions CALCRIM Numbers: 2110 passim TO: THE HONORABLE...
...case contend otherwise, that the required Department of Motor Vehicle (DMV) form used by Kings County officers to inform a DUI suspect of his or her rights as to a choice of a blood or a breath test, which is mandated...
...2)(A) and (d)(2), has a line drawn through that portion of the DMV form which specifies that a DUI suspect may take a breath test for alcohol intoxication. (6RT 527, lines 12-27.) Thus, Kings County police officials, contrary...
Mee Young PARK, Petitioner and appellant, v. DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, Respondent., 2008 WL 4641585 (Appellate Brief) (Cal.App. 4 Dist., August 15, 2008), Respondent's Brief, (Nos. G039568, 07CC01060.)
...had reasonable cause to believe the person had been driving a motor vehicle in violation of Vehicle Code section 23140 23152 or 23153 The following issues are considered at an administrative hearing reviewing an Administrative Per Se - Refusal action: (A) Whether...
...peace officer had reasonable cause to believe the person was driving a motor vehicle in violation of Section 23136 24140 23152 , or 23153 (B) Whether the person was placed under arrest or, lawfully detained. (C) Whether the person refused or failed...
...on facts pertaining to a criminal proceeding (Orange County Superior Court, Case No. 07WM5513) in which the prosecutor dismissed the DUI count against Ms. Park in exchange for a conviction of reckless driving under the Vehicle Code, section 23103 [FN4] (AOB...
FIDELITY & GUARANTY LIFE INSURANCE COMPANY, A Maryland Insurance Company, Plaintiff, v. James ALBERTSON, Defendant; James O. Albertson, Counter-Claimant/Defendant, v. Old Mutual Financial Network f/k/a/ Fidelity and Guaranty Life Insurance Co., Mark Hunton and Does 1-10, Counter-Defendants and Plaintiff., 2008 WL 5187425 (Trial Motion, Memorandum and Affidavit) (S.D.Cal., August 15, 2008), Opposition to Counter Defendant F&G's Motion to Strike First Amended Counterclaim, (No. 3:07-cv-00045-BTM-LSP.)
...Motion for Purposes of the Theory of Negligence Per Se 9 a. Analogy of F&G Conduct to that of DUI 9 b. F&G's Unjustified Delay 9 c. F & G's Motion To Strike As a Disfavored And A Dilatory Tactic...
...California Insurance Code 1801 et seq 6, 7, 16 California Insurance Code 1861 6, 8, 17 California Vehicle Code § 23152 9 California Insurance Code § 330 8 California Insurance Code § 331 8 California Insurance Code § 332 8 California...
...to the prosecution of state offenses by the district attorney's office. a. Analogy of F&G Conduct to that of DUI. Driving under the influence (DUI) is a criminal offense which is prosecuted by the district attorney's office California Vehicle Code ss 23152 (a) and (b). A violation of a DUI that results in an accident against an individual may be used in a civil suit under a theory of negligence per se to recover damages for personal injuries and property damages suffered by victim of the DUI. If the accused comes to her DUI arraignment and says “I am now sober” his statement neither excuses his criminal conduct nor expunges his civil liability. Neither...
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff-Respondent, v. Timmie Lance MCNEAL, Defendant-Appellant., 2008 WL 4381409 (Appellate Brief) (Cal., August 11, 2008), People's Reply Brief on the Merits, (No. S157565.)
...§ 402 26 Evidence Code § 782 22 Penal Code §§ 22 25 28 29 188 22 Vehicle Code § 23152 (a) passim Vehicle Code § 23152 (b) passim Vehicle Code § 23155 4, 12, 15 Vehicle Code § 23158 (b) 20, 24 Vehicle Code § 23160...
...the offense; and (2) the ultimate fact that defendant was driving under the influence within the meaning of the generic DUI statute. People v. McNeal, Prev. pub. at 155 Cal.App.4th 582, 592, emphasis added.) McNeal thinks the general variability of...
...was always, and remains, an element of the crime: i.e., did a defendant drink an alcoholic beverage? Vehicle Code § 23152 (a), and Calcrim 2110.) But proof of quantity of blood alcohol was not essential to proving consumption of any. An...
Leandro CASAS, Petitioner, v. THE SUPERIOR COURT OF THE STATE OF CALIFORNIA and the Fourth District Court of Appeals-District Three, Respondent;. PEOPLE OF THE STATE OF CALIFORNIA, Real Party in Interest., 2008 WL 6895345 (Appellate Petition, Motion and Filing) (Cal., August 07, 2008), Petition for Review, (No. S165755.)
...5 3, 4, 13, 14, 20, 21 4019 13 23612 and 13353 19 PC 667.5 (b) 21 Vehicle Code 23152(a) 2, 7, 12 23152 (b) 7, 12 305 7,8 Constitutional Provisions Sixth Amendment 4, 14, 15, 21 Jury Instructions CALCRIM 2241 3, 6, 10...
...trial judges and appellate courts across the state of California have unilaterally expanded California's drunk driving statutes [Ven. Code section 23152 (a)], contrary to the Legislature's 1923 amendment when the statute was revised to read as it does today, i.e., it...
...posed by drinking drivers, in 1981, the Legislature retained the “driving under the influence” statute, renumbered it [Vehicle Code] section 23152 , subdivision (a) and added section 23152 subdivision (b). 1. Can a California motorist who complies with the State's statutory scheme, including the policy of encouraging intoxicated...
