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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In re Grayden N. - 6/4/1997
NARES, J.
Grayden N. appeals from that part of the juvenile court's order, after true findings that he assaulted two victims with a deadly weapon (an automobile) in violation of Penal Code section 245, subdivision (a)(1), which,...
Yeaw v. Boy Scouts of America - 6/2/1997
California Court of Appeals
C023607
55 Cal.App.4th 607, 64 Cal.Rptr.2d 85, 1997.ca.1
June 2, 1997
KATRINA YEAW, A MINOR, ETC., PLAINTIFF AND APPELLANT, v. BOY SCOUTS OF AMERICA ET AL., DEFENDANTS...
Wright v. Superior Court - 5/12/1997
When a registered sex offender changes his or her residence address, the offender must notify the law enforcement agency of last registration within a specified period. (Pen. Code, § 290, subd. (f); further undesignated statutory...
Souza v. City of Antioch - 4/30/1997
California Court of Appeals
A071686
54 Cal.App.4th 1009, 62 Cal.Rptr.2d 909, 1997.ca.1
April 30, 1997
JENNIFER LEE SOUZA, PLAINTIFF AND APPELLANT, v. CITY OF ANTIOCH ET AL., DEFENDANTS AND...
People v. Weems - 4/29/1997
COTTLE, P. J.
A jury found defendant Michael Oneal Weems guilty of two felonies, causing injury to another while driving under the influence of alcohol (Veh. Code, § 23153, subd. (a)) and causing injury to another while having...
People v. Gaines - 4/28/1997
POCHE, Acting P. J.
In this case we hold that a prosecutor commits misconduct when he purports to tell the jury why a defense witness did not testify and what the testimony of that witness would have been.
BACKGROUND ...
People v. Nguyen - 4/25/1997
MIHARA, J.
Defendant was convicted of petty theft with a prior (Pen. Code, § 666), and allegations that he had suffered two prior serious or violent felony convictions within the meaning of Penal Code section 667, subdivisions...
People v. Benson - 4/16/1997
California Court of Appeals
B099330
54 Cal.App.4th 282, 62 Cal.Rptr.2d 690, 1997.ca.4
April 16, 1997
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. RUSSELL DONALD BENSON, DEFENDANT AND APPELLANT. <...
People v. Ervin - 3/28/1997
KITCHING, J.
INTRODUCTION
Robbery is classified as either first or second degree. Under current law, all robberies are of the second degree unless otherwise specified by statute. (Pen. Code, § 212.5, subd. (c).) The...
People v. Sohal - 3/25/1997
California Court of Appeals
No. C023281.
53 Cal.App.4th 911, 62 Cal.Rptr.2d 110, 1997.ca.2
March 25, 1997
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. SURINDER SINGH SOHAL, DEFENDANT AND APPELLANT. <...
People v. Buckley - 3/18/1997
HAERLE, J.
I. INTRODUCTION
Appellants Daniel Adam Wade (Wade) and Paul Christopher Buckley (Buckley) (collectively appellants) were convicted by a jury of various charges stemming from a shoot-out with police officers from...
People v. Gaines - 2/13/1997
California Court of Appeals
A072629
52 Cal.App.4th 1004, 61 Cal.Rptr.2d 47, 1997.ca.3
February 13, 1997
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. MAURICE GAINES, DEFENDANT AND APPELLANT. <...
People v. Chinchilla - 2/5/1997
GODOY PEREZ, J.
Defendant and appellant Elio Chinchilla appeals from the judgment entered following a jury trial which resulted in his conviction of assault with a firearm, multiple counts of assault with a firearm upon a peace...
People v. Short - 1/30/1997
California Court of Appeals
No. D025061
52 Cal.App.4th 488, 61 Cal.Rptr.2d 8, 1997.ca.3
January 30, 1997
THE PEOPLE, PLAINTIFF AND RESPONDENT, v. DAVID BURTON SHORT, DEFENDANT AND APPELLANT. ...
County of Alameda v. Pacific Gas & Electric Co. - 1/14/1997
MIHARA, J.
In 1971, the California Legislature enacted Public Utilities Code section 6201.5 which, for the first time, authorized counties to use the franchise-granting provisions of the Franchise Act of 1937. In this case we...
People v. Mayfield - 1/2/1997
KENNARD, J.
Defendant Dennis Mayfield appeals from a judgment of death upon his conviction by jury verdict of one count of first degree murder (Pen. Code, § 187; all further statutory references are to this code unless otherwise...
People v. Bartow - 6/28/1996
ANDERSON, P. J.
Rodney J. Bartow (appellant) was found guilty by jury of the following offenses: (1) driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)); (2) driving under the influence of an...
People v. Penoli - 6/6/1996
KLINE, P. J.
The trial court placed Tiffany Anne Penoli on probation after she pled guilty to possessing methamphetamines. On appeal her attorney filed a brief pursuant to People v. Wende (1979) 25 Cal. 3d 436 [158 Cal. Rptr....
People v. McLaughlin - 6/5/1996
BAMATTRE-MANOUKIAN, J.
Defendant Daniel Mercer McLaughlin was convicted after court trial of two counts (3 & 4) of threatening witnesses in criminal proceedings (Pen. Code, § 140) and one count (5) of attempted theft of over...
People v. Farley - 5/31/1996
WUNDERLICH, J.
I. STATEMENT OF THE CASE
Defendant Kelvin Farley appeals from a judgment entered after a jury found him guilty of first degree burglary and escape and also found true an allegation that he had suffered a...
McNary v. Department of Motor Vehicles - 5/17/1996
McKINSTER, J.
Respondent, Michael Gray McNary, was arrested for driving with a blood-alcohol level in excess of .08 percent and received a suspension of his license. He challenged the suspension of his license at an...
People v. O''Roark - 5/15/1996
NOTT, J.:
William Mark O'Roark appeals from the judgment entered following a jury trial that resulted in his conviction of three counts of second degree robbery (Pen. Code, § 211) with findings that he used a firearm in the...
Interinsurance Exchange v. Flores - 5/14/1996
GILBERT, J.
An insured drives his van to a location to allow his passenger to shoot someone from the van. The driver has a standard auto insurance policy that provides coverage for injuries caused by an accident. Does the policy...
People v. Fields - 5/2/1996
LUCAS, J. We granted review to decide whether the constitutional prohibition against double jeopardy, or any of the statutory provisions implementing its protection, bar defendant's retrial on a greater offense on which jurors failed...
Barber v. Long Beach Civil Service Com. - 4/30/1996
VOGEL (Miriam A.), J.
In a context where the major underlying issue was one of credibility, Long Beach Police Officer Albert Barber was fired and his termination was sustained by the Long Beach Civil Service Commission. Barber's...
Larsen v. Department of Motor Vehicles - 12/26/1995
GEORGE, J.:
Vehicle Code section 13352 , subdivision (a)(1), imposes a duty upon the Department of Motor Vehicles (DMV) to suspend the license of any driver, in the case of a first offense, for a period of six months "upon...
People v. Coronado - 12/21/1995
BAXTER, J.:
In the companion to this case, People v. Baird (December 21, 1995, S043270) ___ Cal. 4th ___, we conclude that when a prior felony conviction is used to establish the ex-felon element of a charge under section 12021 ...
In re Manzy W. - 12/19/1995
RAYE, J.:
The minor, who was on probation to the juvenile court, admitted possessing methamphetamine ( Health & Saf. Code, § 11377 , subd. (a) and joyriding ( Pen. Code, § 499b ). He was committed to the Youth Authority...
People v. Barton - 12/18/1995
KENNARD, J.:
In a criminal trial, it is ordinarily the trial court's duty to instruct the jury not only on the crime with which the defendant is charged, but also on any lesser offense that is both included in the offense charged...
People v. Kinsey - 12/13/1995
WOODS (FRED), J.:
A jury convicted appellant of attempted injury upon a cohabitant ( Pen. Code §§ 664/ 273.5 , subd. (a)), battery ( § 242), assault ( § 240) and acquitted him of injury upon a cohabitant ( § 273.5, subd. (a))....
People v. Ingram - 12/11/1995
STONE (W.A.), J.:
Defendant Timothy Ingram appeals from a judgment of conviction after a jury found him guilty of two counts of residential burglary ( Pen. Code, §§ 459 , 460 ) and the trial court found true allegations he had...
Roelfsema v. Department of Motor Vehicles - 12/7/1995
ELIA, J.:
The trial court granted a writ of mandate directing the Department of Motor Vehicles (DMV) to reinstate respondent Helen Roelfsema's driving privileges following her arrest at a sobriety checkpoint. The court reasoned...
People v. Memro - 11/30/1995
MOSK, J.:
In People v. Memro (1985) 38 Cal. 3d 658 , 214 Cal. Rptr. 832 , 700 P.2d 446 (Memro I), we reversed a judgment imposing a death sentence under the 1977 death penalty statute. The district attorney filed a new...
Garcia v. Superior Court of Orange County - 11/22/1995
SONENSHINE, J.:
Does a motion to strike a prior conviction for ineffective assistance of counsel survive the United States Supreme Court's decision in Custis v. United States (1994) 511 U.S. ___ [ 114 S.Ct. 1732] and Proposition...
People v. Williams - 11/20/1995
WOODS, (FRED), J.:
A jury convicted Carlton Williams (appellant) of first degree murder ( Pen. Code § 187 ; count I), second degree murder ( § 187; count II) and found true allegations appellant had personally used a firearm (...
People v. Valenzuela - 11/16/1995
RAMIREZ, P.J.:
Hector Encinas Valenzuela pled guilty to two counts of gross vehicular manslaughter while intoxicated. ( Pen. Code, § 191.5. ) He was sentenced to prison and appeals, claiming defects in the pleadings and...
People v. Isais - 11/16/1995
WUNDERLICH, J.:
STATEMENT OF THE CASE
Defendant Joe Isais appeals from a judgment entered after the court found him guilty of felony drunk driving, driving under the influence with three or more prior convictions, driving...
Harris v. Mothers Against Drunk Driving - 11/14/1995
STONE, P.J.:
A child died as the result of a motor vehicle accident caused by a drunk driver. The child's parents became involved with Mothers Against Drunk Driving (M.A.D.D.). M.A.D.D. banned them from membership because of...
Pyburn v. Zolin - 10/30/1995
COTTLE, P.J.:
The Department of Motor Vehicles (DMV) appeals from a judgment granting William Pyburn's petition for a writ of mandate and ordering DMV to reinstate Pyburn's driving privilege. For reasons we shall explain, we...
People v. Hicks - 9/28/1995
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT
No. H013245.
1995.CA.41980 ; 95 Daily Journal DAR 14045; 46 Cal. Rptr. 2d 26; 39 Cal. App. 4th 49; 95 Cal. Daily Op. Service 8198
Decided: September...
People v. Cargill - 9/25/1995
HUFFMAN, J.
This case illustrates the wisdom of the commonly-used phrase, "Timing is everything in life." In this instance, appellant Bartholemew Cargill was arrested in the possession of cocaine base about 10:15 p.m. on March...
People v. Sierra - 8/28/1995
HARRIS, J.:
STATEMENT OF THE CASE
On April 27, 1994, an information was filed in the Tulare County Superior Court charging appellant, Robert Sierra, with three counts. In count I appellant was charged with transportation of...
People v. Flores - 8/28/1995
JOHNSON, J.:
A jury found appellant, Alfred Gilbert Flores, guilty of committing perjury in an application for a duplicate driver's license. ( Pen. Code, § 118. ) He appeals from his conviction claiming the trial court erred in...
People v. Weekly - 8/22/1995
WUNDERLICH, J.:
STATEMENT OF THE CASE
Defendant Tony Ray Weekly appeals from a judgment entered after he pleaded guilty to possession of methamphetamine and admitted three prior prison term enhancements. He claims the trial...
People v. Carbajal - 8/14/1995
WERDEGAR, J.:
In this case we are asked to decide whether, when a defendant is convicted of leaving the scene of an accident in violation of Vehicle Code section 20002 , subdivision (a) (commonly known as "hit-and-run"), a...
People v. Garcia - 8/11/1995
ARDAIZ, P.J.:
By information filed in Merced County Superior Court on December 28, 1993, appellant, Antonio Morales Garcia, was charged with the following offenses: (1) the murder of Maria Prado, in violation of Penal Code...
People v. Martinez - 8/4/1995
WUNDERLICH, J.:
The People appeal from the dismissal of the charge of possession of narcotics by defendant Salvador Martinez. The trial court concluded defendant's right to a speedy trial had been violated. We affirm. ...
Love v. City of Monterey - 8/3/1995
BAMATTRE-MANOUKIAN, Acting P.J.:
Have the City of Monterey and the Office of Parking Violations (collectively Monterey) afforded Ilana Love (Love) due process by requiring her to deposit the amount of the parking penalty on a...
People v. Castaneda - 8/3/1995
DOSSEE, J.:
In 1987 defendant pled no contest to driving under the influence ( Veh. Code, § 23153(a )) and was sentenced to two years in prison. Seven years later, defendant moved to vacate the judgment of conviction pursuant...
People v. Rodriguez - 7/31/1995
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR
No. A065584
1995.CA.43074 ; 95 Cal. Daily Op. Service 6078; 43 Cal. Rptr. 2d 568; 37 Cal. App. 4th 413
Filed: July 31, 1995. ...
Johanson v. Department of Motor Vehicles - 7/19/1995
CORRIGAN, J.:
The Department of Motor Vehicles (DMV) appeals from the superior court's grant of mandamus overturning the administrative license suspension of respondent Dr. Craig Johanson. The court below found Johanson was not...
People v. Thompson - 7/13/1995
MORRISON, J.:
Defendant was convicted by jury of diversion of construction funds ( Pen. Code, § 484b ) and petty theft ( Pen. Code, § 488 ). The court struck the theft count and granted defendant probation. On appeal...
Taylor v. Department of Motor Vehicles - 7/12/1995
MIHARA, J.:
Just before midnight on Friday, February 4, 1994, seventeen-year-old Erik Taylor was driving his two friends home from a school dance in his Toyota pick-up truck. He was not exceeding the speed limit. Scotts Valley...
People v. Mitchell - 7/10/1995
CORRIGAN, J.:
Following her plea of no contest to one count of possession of methamphetamine, defendant Theresa May Mitchell appeals on the sole ground that her motion to suppress evidence was erroneously denied. We disagree and...
People v. Donaldson - 7/3/1995
FUKUTO, J.:
In this prosecution for driving while under the influence of alcohol, the parties agree that the arrest was violative of Penal Code section 836 , subdivision (a)(1) which requires that a warrantless arrest for a...
People v. Autry - 6/30/1995
VOGEL, J.:
With a blood alcohol level of .22 percent, defendant and appellant Kenneth Autry recklessly drove on a freeway, swerved into the median strip, struck and killed two highway construction workers, and injured his two...
Baldwin v. Department of Motor Vehicles - 6/23/1995
CHIN, P.J.:
The Department of Motor Vehicles (DMV) appeals from a judgment granting respondent John Robert Baldwin's petition for writ of mandamus, in which Baldwin sought to overturn the DMV's order revoking his driver's...
Monaghan v. Department of Motor Vehicles - 6/23/1995
CHIN, P.J.:
The Department of Motor Vehicles (DMV) appeals from a judgment granting respondent Edward Donald Monaghan, Jr.'s, petition for writ of mandate, which sought to set aside the suspension of Monaghan's driving privilege...
People v. Joehnk - 6/19/1995
BENKE, Acting P.J.:
Defendant and Appellant Alexander Rutan Joehnk was convicted of driving under the influence of an alcoholic beverage ( Veh. Code, § 23152 , subd. (a)), and of driving with a blood alcohol level of 0.08 or...
Villalobos v. Zolin - 5/30/1995
PREMO, J.:
The superior court rendered a judgment granting a petition for writ of mandate directing the Department of Motor Vehicles (hereafter, DMV) to set aside an order revoking Manuel E. Villalobos's driving privileges...
People v. Rivera - 5/30/1995
BAMATTRE-MANOUKIAN, J.:
Mark Edward Rivera was accused by information of murder, gross vehicular manslaughter while intoxicated, and other crimes arising out of a car-train collision in which his passenger was fatally injured. A...
Thomas v. City of Richmond - 5/1/1995
ARABIAN, J.:
Police officers give chase to a suspect fleeing on foot who ignores the command to halt. He is struck by a squad car in pursuit. Is the public entity that employed the officers immune from liability under Government...
Downer v. Zolin - 4/25/1995
SILLS, P. J.:
The Department of Motor Vehicles (DMV) provides a state-approved form (DS 367A) for reporting chemical test results to the DMV when a police officer administratively suspends a licensee's driving privilege pursuant...
Poland v. Department of Motor Vehicles - 4/18/1995
KLINE, P.J.:
The Department of Motor Vehicles (Department) suspended the driver's license of appellant Gary Lynn Poland based upon a finding that he drove an automobile while possessing a blood alcohol content (BAC) higher than...
Prince v. Zolin - 3/31/1995
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE
Nos. D019977, D020524, D020546, D020573, D020596
1995.CA.45633 ; 33 Cal. App. 4th 1565; 39 Cal. Rptr. 2d 879
Filed: March 31, 1995. ...
Parris v. Zolin - 3/29/1995
PUGLIA, P.J.:
Government Code section 11525 provides that upon failure of a subpoenaed witness to appear at an administrative hearing, "the agency shall certify the facts to the superior court in and for the county where the...
People v. Ireland - 3/28/1995
PREMO, J.:
Defendant Randy A. Ireland was charged by complaint in municipal court with misdemeanor offenses of driving under the influence of alcohol ( Veh. Code, § 23152 , subd. (a)), and driving with .08 percent or more, by...
Gananian v. Zolin - 3/28/1995
CHIN, P.J.:
Frank S. Zolin, as Director of the Department of Motor Vehicles (DMV), appeals from a judgment granting respondent Jeffrey Scott Gananian's petition for writ of mandamus. The writ directs the DMV to set aside its...
Ellis v. Municipal Court - 3/28/1995
MERRILL, J.:
This petition for writ of mandate challenges decisions by the San Mateo County Municipal and Superior Courts refusing to stay the municipal court trial of Scott Anthony Ellis pending his appeal to the appellate...
Arconti v. Zolin - 3/24/1995
SONENSHINE, J.:
The Department of Motor Vehicles (DMV) appeals a judgment granting a petition for a writ of mandate ordering the DMV to revoke its suspension of Thomas Ben Arconti's license for driving while intoxicated. We find...
Gonzalez v. State Personnel Bd. - 3/21/1995
PUGLIA, P.J.:
The California Department of Education (CDE) is required by state and federal disability statutes to make reasonable accommodation for the known physical or mental limitations of its employees who have a disability....
Wimsatt v. Beverly Hills Weight etc. Internat. - 3/3/1995
SILLS, P.J.:
California's Franchise Investment Law was intended for precisely this case. The law's statement of legislative intent declares that "California franchisees have suffered substantial losses where the franchisor or his...
People v. Hale - 9/28/1994
SILLS, P.J.:
SW-846 is not the name of some new gasoline additive marketed by an oil company. It is the title of a manual compiled by the United States Environmental Protection Agency (EPA) dealing with the collection and testing...
People v. Miller - 9/20/1994
WOODS (Fred), J.:
A jury convicted appellant of first degree murder ( Pen. Code, § 187 ) and found true a robbery special circumstance ( § 190., subd. (a)(17)) and a firearm allegation. ( § 12022, subd. (a)(1).) Financial gain...
People v. Minor - 9/19/1994
TODD, Acting P.J.:
A jury convicted Michael J. Minor of one count of driving under the influence of alcohol or drugs causing injury ( Veh. Code, § 23153 , subd. (a)) and one count of driving with a measurable blood alcohol of...
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