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. Martin - 3/3/2000
APPEAL from a judgment of the Superior Court of Tulare County. Ronn M. Couillard, Judge.
The defendant in this case was involved in three vehicular accidents, two of which resulted in bodily injuries to others, in the span of...
People v. Leonard - 2/28/2000
CERTIFIED FOR PARTIAL PUBLICATION
(Placer)
APPEAL from an order of the Superior Court of Placer County, Larry D. Gaddis, Judge. Affirmed.
Defendant Harvey Mack Leonard appeals from an order committing him to...
Kings County Human Services Agency v. Anthony D. - 2/15/2000
Anthony D. appeals from juvenile court findings and orders denying him reunification services with his three-year-old daughter, Axsana S., pursuant to Welfare and Institutions Code section 361.5, subdivision (a). Appellant was...
People v. Gallardo - 1/25/2000
As modified February 22, 2000. There is no change in the judgment. Petition for rehearing filed February 9 is denied.
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. MICHAEL TONY GALLARDO, DEFENDANT AND APPELLANT. IN RE DAVID LOPEZ, ON...
People v. Guzman - 1/18/2000
APPEAL from a judgment of the Superior Court of Tulare County. Martin W. Staven, Judge.
Appellant, Francisco Guzman, was convicted of driving under the influence of alcohol and causing bodily injury to another person. On...
McDonald v. Department of Motor Vehicles - 1/14/2000
As amended January 14, 2000. There is no change in judgment.
STEVEN T. MCDONALD, PLAINTIFF AND RESPONDENT, V. DEPARTMENT OF MOTOR VEHICLES, DEFENDANT AND APPELLANT.
(Super. Ct. No. 716690)
Bill Lockyer, Attorney...
People v. Crusilla - 12/27/1999
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Luis R. Vargas, Raymond Edwards, Jr., Jesus Rodriguez, Judges. Affirmed.
At the San Ysidro Port of Entry (Port of Entry)...
Sharon P. v. Arman - 12/16/1999
In Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666 (Ann M.), we discussed the scope of a commercial landlord's duty of care and affirmed it includes the taking of "reasonable steps to secure common areas against...
Barrett v. The Superior Court of Yolo County - 12/10/1999
Petitioner James Scott Barrett seeks a writ of mandate directing respondent Yolo County Superior Court to vacate its order disallowing a peremptory challenge (Code Civ. Proc., § 170.6) to the Honorable Timothy J. Fall. (Further section...
Santa Clara County Department of Family & Children's Services v. Debbie W. - 12/3/1999
CERTIFIED FOR PUBLICATION
Debbie W. appeals from an order terminating her parental rights over her daughter, Brittany C. (Welf. & Inst. Code, § 366.26.) Appellant contends that the juvenile court erred: (1) in its...
People v. Scott - 11/23/1999
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
This is an appeal by the Attorney General from a dismissal of an information charging felony drunk driving. The appeal implicates the application of the corpus delicti rule. We...
People v. Arndt - 11/22/1999
Appeal from a judgment of the Superior Court of Orange County, Richard F. Toohey, Judge. Affirmed as modified.
A jury convicted defendant Steven Wayne Arndt of felony driving while under the influence of a drug (Veh. Code, §...
Day v. City of Fontana - 11/18/1999
APPEAL from the Superior Court of San Bernardino County. John P. Wade, Judge. Affirmed.
A jury awarded plaintiff Russell Day nearly half a million dollars for his economic damages sustained in an automobile versus motorcycle...
Foster v. Reed - 11/16/1999
APPEAL from the Superior Court of Riverside County. Gloria Connor Trask, Judge. Reversed.
1. Introduction
The Department of Motor Vehicles (DMV) appeals the Riverside County Superior Court's judgment granting a petition...
People v. Suon - 11/2/1999
APPEAL from a judgment of the Superior Court of Stanislaus County. Aldo Girolami, Judge.
Defendant Kamsan Suon pled guilty to burglary in 1993 without being advised of the possibility of adverse immigration consequences, as...
Kodani v. Reed - 10/4/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert H. O'Brien, Judge. Affirmed.
Russell Masaji Kodani appeals from a judgment denying his petition for writ of mandate, which...
People v. Somersall - 9/30/1999
As amended November 1, 1999. No change in judgment. Rehearing denied November 1, 1999.
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. LEO ADAM SOMERSALL, DEFENDANT AND APPELLANT. IN RE LEO ADAM SOMERSALL ON HABEAS CORPUS. ...
Vinson v. Reed - 9/24/1999
Appellant Sally Reed, as Director of the Department of Motor Vehicles (hereafter DMV), appeals from the grant of respondent Terry Lamar Vinson's petition for writ of mandamus setting aside the order of the DMV suspending respondent's...
People v. Moore - 9/22/1999
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert W. Armstrong, Judge. Affirmed as modified.
Defendant and appellant, Merrick Jose Moore, appeals from the...
People v. Sainz - 8/24/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. David S. Milton, Judge. Affirmed.
Ricardo Francisco Sainz, Jr. appeals from a judgment entered following his plea of guilty to...
Jenkins v. County of Los Angeles - 8/23/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Wendell Mortimer, Jr., Judge. Reversed.
This is an appeal from a judgment that followed summary judgment for defendants....
People v. Callahan - 8/18/1999
APPEAL from a judgment of the Superior Court of Kern County. Clarence Westra, Judge.
A jury found appellant Louis Edward Callahan guilty of committing a lewd or lascivious act upon a child under the age of 14 years. (Pen. Code,...
Cyndie C. v. Department of Social Services - 8/10/1999
APPEAL from the Superior Court of Riverside County. William H. Sullivan, Judge. Reversed.
Cyndie C. filed a petition to adopt Baby Girl B. (hereafter Baby B.). The State Department of Social Services (Department) filed a report...
Horwich v. Superior Court of Los Angeles County - 8/9/1999
In this case, we must determine whether Civil Code section 3333.4 (all unspecified statutory references are to the Civil Code), enacted as part of Proposition 213, precludes a wrongful death plaintiff whose decedent was the uninsured...
Hodges v. Superior Court of Santa Clara County - 8/2/1999
Petitioner Benjamin Hodges, an uninsured motorist, suffered injuries as the result of a rear-end collision that caused the gas tank of the Ford Mustang he was driving to rupture. He brought a products liability action against real...
People v. Jefferson - 8/2/1999
The "Three Strikes and You're Out Law" (Pen. Code, § 667, subds. (b)-(i), hereafter the Three Strikes law), requires that a defendant who is convicted of a felony and has a prior conviction for a "strike" (a violent or serious felony)...
Fisette v. Reed - 6/30/1999
Filed: 6/16/99; pub. order 6/30/99 (see end of opn.)
The superior court granted respondent William J. Fisette's petition for a writ of mandate ordering appellant Sally Reed, as Director of the Department of Motor Vehicles (DMV),...
People v. Thornton - 6/24/1999
APPEAL from the Superior Court of Riverside County. Gary B. Tranbarger, Judge. (Judge of the Municipal Court, assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Order reversed and remanded with directions. ...
Miguel V. v. Superior Court of Orange County - 6/24/1999
Original proceedings; petition for a writ of mandate to challenge ordered of the Superior Court of Orange County, Gail A. Andler, Judge. Writ issued.
Miguel V. seeks extraordinary relief from Orange County Juvenile Court...
People v. Garcia - 6/1/1999
In this case, we consider whether a trial court, when applying the OThree StrikesO law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d),) may exercise its discretion under section 1385, subdivision (a), so as to dismiss a...
People v. Martinez - 5/12/1999
CERTIFIED FOR PUBLICATION
California's Three Strikes statutes provide for life imprisonment with a minimum term of at least 25 years for a conviction of any third felony after two or more prior convictions of what are deemed by...
People v. Gour - 4/27/1999
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County, Michael B. Harwin, Judge. Modified and affirmed.
I. INTRODUCTION
Defendant Terry Joe Gour was convicted by jury...
People v. Kroncke - 3/31/1999
A jury convicted appellant Mark A. Kroncke of failing to stop and report an auto accident (Veh. Code, §§ 20001, 20003), a felony, and giving false information to a police officer (Veh. Code, § 31), a misdemeanor.
The principal...
People v. Simon - 3/9/1999
CERTIFIED FOR PARTIAL PUBLICATION *
Travis Simon, Jr., timely appeals from a judgment of conviction, after a jury trial, of two counts of assault with a deadly weapon upon a peace officer (Pen. Code, § 245, subd. (c)). The...
People v. Lee - 3/4/1999
The sole question presented in this case is whether the Court of Appeal erred in concluding that even though the evidence was sufficient to support a conviction of second degree murder (Pen. Code, § 187), defendant's conviction of...
People v. Goslar - 2/24/1999
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Franklin J. Mitchell, Jr., Judge. Affirmed.
Daniel Jason Goslar pleaded guilty to driving without a license. He was...
People v. Ellis - 2/16/1999
APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge.
Defendant, Kenneth Howard Ellis, was driving under the influence of alcohol when the car he was driving rear-ended another vehicle, injuring...
People v. Superior Court of Santa Clara County - 2/11/1999
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
The People have petitioned for a writ of mandate directing respondent court to vacate its order releasing real party in interest, Jeffrey Roam (Roam), on supervised own recognizance...
People v. Romero - 1/29/1999
APPEAL from a judgment of the Superior Court of Stanislaus County.
In an ever increasing trend, this murder case arises from an all too familiar formula: one party commits a relatively minor "infraction" which quickly escalates...
Honsickle v. Superior Court of Los Angeles County - 1/29/1999
CERTIFIED FOR PUBLICATION
Petition for Writ of Mandate. Howard J. Schwab, Judge. Writ granted.
This is the latest in a series of cases which involve the scope and application of Proposition 213, enacted by the voters on...
People v. Rodriguez - 1/20/1999
CERTIFIED FOR PARTIAL PUBLICATION
(San Mateo County Super. Ct. No. SC39477)
PUBLISHED PART
I. INTRODUCTION
Jose Herrera Rodriguez (Rodriguez) was convicted by a jury of auto theft (Veh. Code, § 10851, subd....
Fletcher v. Commission on Judicial Performance - 12/31/1998
Judge Thomas B. Fletcher of the Madera Superior Court has petitioned for review of the recommendation of the Commission on Judicial Performance (Commission) that we remove him from office for willful misconduct and "conduct prejudicial...
People v. Emmal - 12/30/1998
Appeal from a judgment of the Superior Court of Orange County, James L. Smith, Judge. Affirmed.
A jury convicted Ronald Jay Emmal of transporting methamphetamine but found him not guilty of possessing it for sale. The trial...
People v. Soto - 6/11/1998
CERTIFIED FOR PARTIAL PUBLICATION *
(Super. Ct. No. 66518)
APPEAL from a judgment of the Superior Court of Kern County, Kenneth C. Twisselman II, Judge.
STATEMENT OF THE CASE
On May 6, 1996, an information was...
Usher v. County of Monterey - 6/2/1998
Modified 6/23/98 - certified for publication 6/29/98 (orders attached)
(Monterey County Super. Ct. No. 100880)
The County of Monterey (hereafter the County) appeals from a judgment whereby the trial court granted a petition...
People v. Theilen - 5/29/1998
CERTIFIED FOR PARTIAL PUBLICATION *
In this opinion, we discuss the discrepancy between our two high courts on a significant constitutional issue and conclude that the California Supreme Court has not employed the safeguards...
People v. Rios - 5/21/1998
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, William D. Mudd, Judge. Affirmed.
Ricardo Ramirez Rios appeals his convictions of voluntary manslaughter (Pen. Code, § 192, subd....
People v. Daniels - 4/13/1998
Filed 3/12/98;
pub. order filed
(Santa Clara County Super.Ct.No. 187212)
Sammy Daniels appeals from a judgment entered after a jury found him guilty of two counts of rape. (Pen. Code, § 261, subd. (2).) On appeal, he...
People v. Martinez - 4/9/1998
CERTIFIED FOR PARTIAL PUBLICATION *
The published portion of this opinion clarifies the meaning of the term "convicted" as used in Evidence Code section 788, which addresses when the credibility of a witness may be attacked....
Shea v. Department of Motor Vehicles - 3/31/1998
CERTIFIED FOR PUBLICATION
Thomas Jeremiah Shea was arrested for driving under the influence of alcohol and submitted to a blood test. The Department of Motor Vehicles (DMV) suspended his driver's license because the forensic...
People v. Lawrence - 3/31/1998
As modified April 29, 1998. There is no change in judgment.
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. JIMMY DALE LAWRENCE, DEFENDANT AND APPELLANT.
(Super. Ct. No. KA031590)
APPEAL from a judgment of the Superior...
Curran v. Mount Diablo Council of Boy Scouts of America - 3/23/1998
Plaintiff is a former Eagle Scout whose application to become an assistant scoutmaster was rejected by defendant, a regional council of the Boy Scouts of America, after plaintiff publicly stated that he is a homosexual and publicly...
People v. Evans - 3/17/1998
CERTIFIED FOR PARTIAL PUBLICATION *
Ellis Edward Evans (appellant) was convicted by a jury of a felony violation of Vehicle Code section 23152, subdivision (a), driving under the influence (count I), a felony violation of...
People v. Williams - 2/25/1998
BY THE COURT:
MODIFICATION OF
The opinion herein, filed on January 5, 1998, appearing at 17 Cal.4th 148, is modified as follows:
1. The first sentence of the first complete paragraph on page 161 is revised to read as...
Daria D. v. Superior Court of San Diego County - 2/13/1998
CERTIFIED FOR PARTIAL PUBLICATION
Daria D. and Vincent D. seek review of the court's orders terminating reunification services and scheduling a selection and implementation hearing. We issued an order to show cause and offered...
Manning v. Department of Motor Vehicles - 2/11/1998
CERTIFIED FOR PUBLICATION
Appeal from a judgment of the Superior Court of Orange County, David Rinaldi, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Daniel E. Lungren, Attorney General, Silvia M....
People v. Cornelius - 2/3/1998
CERTIFIED FOR PARTIAL PUBLICATION
In this case we hold that an indeterminate life term imposed under the one strike law (Pen. Code, § 667.61) for a current offense is a "term otherwise provided as punishment" for purposes of...
People v. Gonzalez - 2/3/1998
CERTIFIED FOR PUBLICATION
Following a jury trial, Ramon Gonzalez (appellant) was convicted of two counts of second degree murder (Pen. Code, § 187, subd. (a)) and two counts of gross vehicular manslaughter while intoxicated (Pen....
People v. Pinedo - 1/21/1998
Appellant Alfredo Vidal Pinedo was ordered to pay direct victim restitution as a condition of his probation. The amount included attorney's fees incurred by the victim to secure a civil settlement from appellant's insurance carrier....
People v. Harris - 1/6/1998
Evidence Code section 1108 allows bad conduct evidence to be admitted to prove "preDisposition" to commit sex crimes. (Further unspecified section references are to this code.)
Recently we rejected a Due Process Clause challenge...
People v. Williams - 1/5/1998
Penal Code section 1385, subdivision (a) (hereafter Penal Code section 1385(a)), provides in pertinent part: "The Judge or magistrate may . . . of his or her own motion . . ., and in furtherance of Justice, order an action to be...
Quackenbush v. Superior Court (Congress of California Seniors) - 12/24/1997
Proposition 213, adopted by the voters in November 1996, restricts damage recovery for certain categories of injured automobile owners and drivers in actions arising out of their use of motor vehicles. Specifically, two groups, (1)...
In re Maria S. - 12/18/1997
Rufino S., biological father of minor Maria S., challenges an order setting a permanency planning hearing (Welf. & Inst. Code, § 366.22), contending "inability of father to attend hearing deprives him of his right to participate"...
People v. Snook - 12/18/1997
Driving a vehicle while under the influence of alcohol or drugs is a misdemeanor. (Veh. Code, § 23152; see id., §§ 23160, 23165, 23170; all further statutory references are to the Vehicle Code unless otherwise noted.) Driving under the...
People v. Myers - 12/17/1997
This case involves a drive-by shooting. Appellant and defendant Cartez Rodney Myers appeals from the judgment entered following a jury trial which resulted in his conviction of first degree murder and two counts of attempted murder....
Crystal R. v. Superior Court - 11/26/1997
Crystal R., the child who is the subject of these dependency proceedings, is seven years old. Her father, who is of Indian heritage, has been incarcerated almost all of her life and barely knows her. Her mother, a non-Indian, tried to...
People v. Sanchez - 11/24/1997
California Court of Appeals
B105409
59 Cal.App.4th 545, 69 Cal.Rptr.2d 255, 1997.ca.2
November 24, 1997
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. JUAN J. SANCHEZ, DEFENDANT AND APPELLANT. ...
People v. Egbert - 11/21/1997
These cases come to us on certification from the appellate department of the superior court to decide whether a defendant, after pleading guilty to a misdemeanor, may challenge on appeal the denial of a motion to dismiss on...
J. B. Aguerre Inc. v. American Guarantee and Liability Insurance Co. - 11/10/1997
California Court of Appeals
B100535
59 Cal.App.4th 6, 68 Cal.Rptr.2d 837, 1997.ca.2
November 10, 1997
J. B. AGUERRE, INC., ET AL, PLAINTIFFS AND APPELLANTS, v. AMERICAN GUARANTEE AND LIABILITY...
People v. $48 - 11/7/1997
Candelario Angulo Perez appeals from a summary judgment of forfeiture pursuant to Health and Safety Code section 11470 et seq. (See § 11488.5, subd. (c)(3); Code Civ. Proc., § 437c.) Appellant contends his motion to suppress...
People v. Silvey - 10/31/1997
Lonnie Ray Silvey appeals his conviction for voluntary manslaughter, contending: (1) the evidence established self-defense as a matter of law; (2) the trial court erroneously failed to instruct the jury sua sponte that Silvey was...
Walker v. 20th Century Insurance Co. - 6/30/1997
California Court of Appeals
B104166
56 Cal.App.4th 74, 65 Cal.Rptr.2d 95, 1997.ca.4
June 30, 1997
PATRICIA A. WALKER, PLAINTIFF AND APPELLANT, v. 20TH CENTURY INSURANCE COMPANY, DEFENDANT AND...
Dyer v. Superior Court - 6/30/1997
Petitioner Hollis O. Dyer's motion for summary judgment was denied on real party in interest Moufeed O. Hasou's action for negligence against Dyer. Dyer seeks a writ directing the trial court to vacate the denial of summary judgment...
People v. Crooks - 6/10/1997
SIMS, J.
Defendant Ronald Aubrey Crooks burglarized the victim's apartment and raped the victim in her own bedroom. As pertinent, defendant was sentenced to a term of 25 years to life under the provisions of California's "first...
Vomaska v. City of San Diego - 6/10/1997
BENKE, J.
Plaintiffs and appellants William O. Vomaska and Sandra Vomaska appeal from a judgment in favor of defendant and respondent City of San Diego (City) arising from a jury verdict finding no dangerous condition on public...
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