California Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of California or Court of Appeals of California where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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People v. McCollum - 10/30/2001
Defendant and appellant Linda Pauline McCollum was convicted of driving under the influence and causing bodily injury, and of causing bodily injury while driving with a blood-alcohol percentage of 0.08 or more. On appeal, she...
People v. Gray - 10/29/2001
Ronald Kenneth Gray appeals his conviction for vehicle burglary, contending: (1) the trial court improperly curtailed inquiry into the victim's belatedly disclosed criminal record; (2) his trial counsel was incompetent for failing to...
People v. Burton - 10/26/2001
THE COURT
STATEMENT OF THE CASE
A complaint filed on April 14, 2000, by the Kern County District Attorney in the Bakersfield Municipal Court, charged appellant Kristopher Burton with two felony counts of violating Penal...
People v. Mark B. - 10/26/2001
THE COURT
STATEMENT OF THE CASE
On March 2, 2001, a petition was filed in Fresno County Superior Court alleging that Mark B, a minor, fell within the definition of Welfare and Institutions Code section 602. The petition...
In re Tobacco Cases II. - 10/25/2001
CERTIFIED FOR PUBLICATION
Plaintiffs Operating Engineers Local 12 Health and Welfare Trust Fund (Local 12) et al. (collectively referred to as Plaintiffs) appeal a judgment dismissing their coordinated and consolidated lawsuit...
People v. Tymkowicz - 10/25/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. Vilan - 10/24/2001
A jury convicted Shaun Adam Vilan of two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), during the latter of which he inflicted serious bodily injury (Pen. Code, § 12022.7). In bifurcated proceedings, he...
People v. Ortiz - 10/24/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. Miron - 10/24/2001
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...
People v. Jackson - 10/24/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. Kallo - 10/24/2001
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...
People v. Rhodes - 10/23/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. Jolly - 10/23/2001
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. James - 10/23/2001
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...
People v. Jeremy S. - 10/23/2001
NOT TO BE PULBISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...
People v. Lewis - 10/22/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
Caristi v. Dinielli - 10/18/2001
Affirmed.
Joe and Shelly Dinielli leased a house to Shelly's brother, Gary Smith, and his three roommates. With Smith's permission, one of his roommates, Jason Richardson, threw a "pay to enter" party at the house. During the...
People v. Candate - 10/17/2001
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...
Mason v. Coard - 10/16/2001
STATEMENT OF THE CASE
On April 28, 2000, petitioners/respondents James and Leslie Mason (hereinafter referred to as respondents) filed a petition to be appointed guardians of the person of the minor David D. Respondents also...
People v. Macial - 10/16/2001
THE COURT
STATEMENT OF THE CASE AND FACTS
In 1994 appellant, Jose Luis Rojas Maciel, was convicted of two counts of felony drunk driving pursuant to Vehicle Code section 23152, subdivisions (b) and (d). On August 28,...
People v. Escobar - 10/16/2001
Appellant and defendant Felipe Escobar was convicted of being a felon in possession of a firearm. On appeal, Escobar contends: (1) the trial court erroneously failed to exclude evidence obtained through an allegedly illegal search on...
Shasta County Department of Social Services v. Ronald H. - 10/16/2001
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...
People v. Millman - 10/11/2001
Affirmed.
A jury convicted Gilberto Millan of second degree murder and found he personally used a firearm in the commission of the offense. Millan complains of instructional error and prosecutorial misconduct. Neither...
People v. Delacerda - 10/11/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. Rodriguez - 10/4/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
Department of Children and Family Services v. Timothy S. - 10/4/2001
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. Abasta - 10/4/2001
CERTIFIED FOR PARTIAL PUBLICATION
Affirmed.
I. INTRODUCTION
Defendant, Rudy Raymond Abasta, appeals from his conviction for attempted murder (Pen. Code, §§ 664, 186, subd. (a)) and findings that he: personally used...
People v. Aguirre - 10/3/2001
THE COURT
On March 7, 2000, the voters of California approved an initiative measure known as Proposition 21. Proposition 21 made effective (as of March 8, 2000) the Gang Violence and Juvenile Crime Prevention Act of 1998 ("the...
People v. Stewart - 10/2/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
People v. Casillas - 9/10/2001
The criminal law often punishes more harshly an accused who already has a criminal conviction than an accused who has none. The three strikes law is one example. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (b)-(e).) Petty...
People v. Stevens - 9/5/2001
CERTIFIED FOR PARTIAL PUBLICATION
OPINION ON REHEARING
Defendant Donald Laroy Stevens entered a negotiated plea of no contest to one count of evading a police officer (Veh. Code, § 2800.2) and one count of driving with...
Chavez v. Carpenter - 8/31/2001
CERTIFIED FOR PUBLICATION
Appellants Jose and Elsa Chavez brought this civil action for the wrongful death of their adult son, who was killed by a drunk driver. The trial court granted the defendant's motion for summary...
Allied Mutual Insurance Company v. Webb - 8/28/2001
Appellants, Rick Webb and Mary Leon, challenge the trial court's finding that a business automobile liability policy issued by respondent, Allied Mutual Insurance Company (Allied), to Dallas Brothers Farms (Dallas Brothers) did not...
People v. Cook - 8/22/2001
As modified September 20, 2001. The petitions for rehearing by the respondent People and the defendants are denied. There is no change in the judgment.
THE PEOPLE, PLAINTIFF AND RESPONDENT v. MATTHEW LOREN COOK ET AL.,...
CBS Broadcasting Inc. v. Superior Court of Los Angeles County - 8/21/2001
CERTIFIED FOR PUBLICATION
Petition granted.
Plaintiff CBS Broadcasting Inc. (CBS), a New York corporation, petitions this court for a writ of mandate to compel the Los Angeles County Superior Court to grant its motion for...
People v. Seaton - 8/9/2001
As modified September 26, 2001. There is no change in the judgment.
THE PEOPLE, PLAINTIFF AND RESPONDENT v. RONALD HAROLD SEATON, DEFENDANT AND APPELLANT
Riverside County Super. Ct. No. CR 25762 George Grover and James T....
People v. Olive - 7/24/2001
This appeal involves a legal issue of first impression and continuing public interest in California.
Respondent, driving erratically at a slow speed southbound on U.S. Highway 101 at 1:20 a.m. on June 17, 2000, was stopped by...
People v. Mitchell - 7/19/2001
In this case, we address the following question: If the Attorney General, in responding to a criminal defendant's appeal, points out a discrepancy between the trial court's judgment and the abstract of judgment, should the Court of...
People v. Schofield - 7/19/2001
CERTIFIED FOR PUBLICATION
Originally enacted in 1872, Penal Code section 836 codified the common law rule which generally precluded a peace officer from making a warrantless arrest for a misdemeanor not committed in the officer's...
In re Joseph F. - 12/22/2000
As modified January 12, 2001. There is no change in the judgment.
IN RE JOSEPH F., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT, v. JOSEPH F., DEFENDANT AND APPELLANT.
(Solano County...
People v. Superior Court of Orange County - 12/19/2000
Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Carla M. Singer, Judge. Writ granted.
The Orange County District Attorney seeks extraordinary relief from the...
Frase v. Gourley - 12/19/2000
Appeal from a judgment of the Superior Court of California, County of Orange, F. Latimer Gould, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
The Department of Motor Vehicles (DMV) suspended Stuart...
People v. Callejas - 12/18/2000
Opinion following grant of rehearing
CERTIFIED FOR PUBLICATION
The only issue in this appeal is whether the constitutional ban on ex post facto laws prohibits imposing a parole revocation fine on a parolee who committed the...
Choate v. County of Orange - 12/18/2000
Appeal from a judgment of the Superior Court of Orange County, David H. Brickner, Judge. Affirmed in part and reversed in part.
A lion produced a mouse. A seven-week jury trial in a lawsuit seeking hundreds of thousands of...
People v. Robinson - 12/11/2000
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County. Cesar C. Sarmiento, Judge. Affirmed.
I. INTRODUCTION
Defendant Corey Robinson appeals from a judgment of...
Maria D. v. Westec Residential Security - 11/30/2000
As modified December 20, 2000. There is no change in the judgment.
MARIA D., PLAINTIFF AND APPELLANT, V. WESTEC RESIDENTIAL SECURITY, INC., DEFENDANT AND RESPONDENT.
(Super. Ct. No. SC049993) APPEAL from a judgment of the...
People v. Dey - 11/27/2000
As modified 12/1/00
CERTIFIED FOR PARTIAL PUBLICATION
Defendant Eugene Alexander Dey was convicted of transportation and possession of methamphetamine and marijuana and various recidivist allegations were found to be true....
People v. Camarillo - 11/27/2000
CERTIFIED FOR PUBLICATION
We hold that when a court acts under Penal Code section 17 to specify that a conviction for driving under the influence of alcohol shall be treated as a misdemeanor "for all purposes," that offense may...
Menge v. Reed - 11/16/2000
CERTIFIED FOR PUBLICATION
The trial court issued a writ of mandate requiring Sally Reed, as Director of the Department of Motor Vehicles (DMV), to set aside the DMV's revocation of a California school bus certificate held by...
California Highway Patrol v. Superior Court of Santa Cruz County - 11/9/2000
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
In this criminal action, the California Highway Patrol (CHP) petitions for a writ of mandate directing respondent court to vacate its order granting the Pitchess motion filed by...
People v. Perez - 11/7/2000
CERTIFIED FOR PARTIAL PUBLICATION
David Allen Perez appeals following his conviction for one count of kidnapping during the commission of a carjacking (Pen. Code, § 209.5) and one count of kidnapping during the commission of a...
Correa v. Superior Court of Orange County - 10/30/2000
Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Charles Margines, Judge. Writ granted.
Azucena Correa's writ petition addresses the admissibility of a police...
People v. Bohana - 10/25/2000
CERTIFIED FOR PUBLICATION
A jury convicted Donald James Bohana of the second degree murder of Delores Velma Jackson. (Pen. Code, §§ 187, 189.) He appeals contending there is insufficient evidence that he acted with express or...
People v. Tye - 10/2/2000
CERTIFIED FOR PARTIAL PUBLICATION
Defendants Russ Tye and Lewis Anthony Greene were jointly charged with attempted murder, false imprisonment, and cruelty to an animal. The two men were tried together, and the jury found Greene...
People v. Hall - 9/27/2000
As modified October 19, 2000. There is no change in the judgment.
THE PEOPLE, PLAINTIFF AND RESPONDENT, V. ANDREW HOWARD HALL, DEFENDANT AND APPELLANT.
(Super. Ct. Nos. 96CR006 & 98F195)
Valerie G. Wass, under...
Nakamura v. Superior Court of Los Angeles County - 9/13/2000
As modified September 25, 2000. There is a change in the judgment.
KENNETH NAKAMURA ET AL., PETITIONERS, V. THE SUPERIOR COURT OF LOS ANGELES COUNTY, RESPONDENT; OLIVIA VILLEGAS ORONA ET AL., REAL PARTIES IN INTEREST. ...
People v. Molina - 8/14/2000
CERTIFIED FOR PARTIAL PUBLICATION*
COPY
APPEAL from a judgment of the Superior Court of San Joaquin County. Honorable Richard M. Mallett, Judge. Affirmed.
Defendant Luis Alonso Molina appeals from the judgment and...
Sacramento County Department of Health and Human Services v. Josette B. - 8/14/2000
As modified September 11, 2000. Respondent's petition for rehearing is denied. The Attorney General's request to depublish this opinion is denied.
IN RE JULLIAN B., A PERSON COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY...
People v. Sturiable - 8/14/2000
THE COURT
Anthony John Sturiale, appellant, contends: (1) the trial court erred when it concluded it could not "overrule" the prosecution's determination he was ineligible for the deferred entry of judgment process (Pen. Code,...
People v. Kraft - 8/10/2000
An Orange County jury convicted defendant Randy Steven Kraft of the first degree murders of Edward Daniel Moore (count 1), "John Doe Huntington Beach" (count 2), Ronald Gene Wiebe (count 3), Keith Daven Crotwell (count 4), Mark Howard...
People v. Downey - 8/2/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Lawrence A. Mira, Judge. Affirmed, modified and remanded.
Robert John Downey, Jr., appeals from the judgment entered following...
People v. Beltran - 7/26/2000
CERTIFIED FOR PARTIAL PUBLICATION* * Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of parts 1, 2, and 4 of Discussion.
APPEAL from a judgment of the...
People v. Martinez - 7/18/2000
Appellants Jorge L. Martinez and Ramon Quintero robbed a landscaper while he was working in the front yard of a client's home. A jury convicted them of second degree robbery with firearm enhancement allegations. (Pen. Code, §§ 211,...
People v. Escobar - 7/13/2000
Jesus Maria Escobar timely appeals from a judgment of conviction entered after a jury found him guilty of the first degree murder of his wife, Patricia Escobar. (Pen. Code, § 187.) The jury also found true an allegation that he...
People v. Mitchell - 7/10/2000
As modified August 8, 2000. This modification does not effect a change in judgment. The Petitions for rehearing are denied.
THE PEOPLE, PLAINTIFF AND RESPONDENT, V. WILLIE R. MITCHELL, DEFENDANT AND APPELLANT.
(Los...
People v. Rios - 6/29/2000
On retrial after a prior acquittal of murder, defendant was convicted of voluntary manslaughter for a homicide the jury found to be both unlawful (i.e., neither justified nor excused) and intentional. Defendant asserts, among other...
People v. Brewer - 6/8/2000
As modified July 5, 2000. There is no change in judgment.
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. NOLAN BREWER, DEFENDANT AND APPELLANT.
(Super. Ct. No. SA030961)
Jon Bryant Artz and Lawrence M. Longo for...
People v. Toledo - 6/7/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of the County of Los Angeles, L. Jeffrey Wiatt, Judge. Affirmed.
Following a jury trial, appellant Ryan Toledo was convicted of attempted terrorist...
People v. Superior Court of San Joaquin County - 6/5/2000
As modified July 12, 2000. This modification effects a change in the judgment.
THE PEOPLE, PETITIONER, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, RESPONDENT; JOSE FRANCISCO ZAMUDIO, REAL PARTY IN INTEREST.
Ct. App. 3...
Allen v. Sylly-Miller Contracting Company - 4/26/2000
As modified May 23, 2000. There is no change in the judgment. Petition for rehearing denied.
DACUS WADE ALLEN, PLAINTIFF AND APPELLANT, v. SULLY-MILLER CONTRACTING COMPANY, DEFENDANT AND RESPONDENT.
(Super. Ct. No....
People v. Martinez - 4/6/2000
The state and federal Constitutions both guarantee criminal defendants the right to a speedy trial (U.S. Const., 6th Amend.; Cal. Const., art. I, § 15, cl. 1), and both guarantees operate in state criminal prosecutions (see Klopfer v....
People v. Cornelius - 4/4/2000
OPINION AFTER TRANSFER FROM CALIFORNIA SUPREME COURT
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Laura Palmer Hammes, Judge. Affirmed as modified.
On February...
People v. Sakarias - 3/27/2000
Defendant Peter Sakarias was convicted of first degree murder in the death of Viivi Piirisild, with special circumstances of murder in the commission of robbery and burglary (count 1; Pen. Code, §§ 187, subd. (a), 190.2, subd....
People v. Thompson - 3/16/2000
As modified April 14, 2000. Petition for rehearing denied. There is no change in judgment.
THE PEOPLE, PLAINTIFF AND RESPONDENT, V. DEBORAH LYNETTE THOMPSON, DEFENDANT AND APPELLANT.
(Santa Cruz County Super.Ct.No....
People v. Callejas - 3/8/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Meredith C. Taylor, Judge. Affirmed.
The only issue on appeal is whether the ex post facto clauses of the United States and...
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