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.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
People v. Van Allen - 1/19/2005
Sean Malloy Van Allen was convicted of causing injury while driving under the influence of alcohol. He seeks a reversal on the ground the prosecution did not provide expert testimony that his failure to have his passenger wear a...
People v. Panduro - 1/19/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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. Walsh - 1/18/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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. Jimenez - 1/18/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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. Estrella - 1/13/2005
INTRODUCTION
Defendant was charged in an amended information with committing five offenses involving domestic violence against his spouse, Alma B. (Alma), on September 3, 2002. These included inflicting corporal injury...
People v. Moustirats - 1/12/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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. Dominguez - 1/12/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
O'Meara v. City of Huntington Beach - 1/11/2005
I. INTRODUCTION
John O'Meara crashed his car into a median right in front of a police station in Huntington Beach and was arrested for drunk driving. Ultimately, however, the criminal charges against him were dismissed. (At...
People v. Hinkel - 1/11/2005
CERTIFIED FOR PUBLICATION
Pursuant to a negotiated plea agreement, defendant Bruce Hinkel pleaded no contest to possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)), being under the influence of cocaine (Health...
Burris v. Superior Court of Orange County - 1/10/2005
Does the dismissal of a misdemeanor complaint bar all further prosecution for the same offense, even a felony charge based on the same conduct? It does not. Instead, two prior dismissals are required before felony prosecution will be...
People v. McAlpin - 1/7/2005
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...
In re Dominic S. - 1/7/2005
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...
Valdez v. Superior Court of the County of Riverside - 1/7/2005
Petitioner contends that, having already pleaded guilty to unlawful driving or taking a vehicle (Veh. Code, § 10851), the People were thereafter precluded by the multiple-prosecution prohibition of Penal Code section 654 from...
People v. Rodriguez - 1/5/2005
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. Bamaca - 1/5/2005
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. Sorenson - 1/5/2005
CERTIFIED FOR PUBLICATION
After his suppression motion was denied, a criminal defendant agreed to resolve the felony drunk driving charges against him by a plea that would result in a two-year prison sentence. The defendant said...
People v. Patrick - 1/4/2005
THE COURT
A jury found appellant Kenneth Ray Patrick guilty of possession of methamphetamine (Health & Saf. Code, § 11377; count 1), driving under the influence of alcohol (Veh. Code, § 23152, subd. (a), count 2), and...
People v. Beaudoin - 1/4/2005
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. Truong - 1/3/2005
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. Marlin - 11/30/2004
Defendant Terry Lee Marlin entered a negotiated plea of no contest to one count of second degree murder of a fetus (Pen.Code, § 187, subd. (a)-- count I; unspecified statutory designations are to the Penal Code), one count of driving with...
People v. Roach - 11/30/2004
A jury convicted defendant William Roach of recklessly driving under the influence and causing bodily injury (two counts; Veh.Code, § 23153, subds. (a), (b)); assault with a deadly weapon (Pen.Code, § 245, subd. (a)(1)); hit and run...
People v. Son - 11/29/2004
Defendant Kevin Lee Son pleaded guilty to felony driving under the influence in violation of Vehicle Code section 23152, subdivision (a), and admitted three prior convictions of driving with a blood alcohol level of .08 percent or more in...
People v. Ventimiglia - 11/24/2004
Appellant Lori Ann Ventimiglia filed an opening brief in which she raised no issues and asked this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We affirm the trial court's...
People v. Crawford - 11/22/2004
Around 2:00 a.m. on February 16, 2002, Oakland police officers noticed an American-made sedan performing reckless driving stunts in an intersection before a crowd of onlookers. [FN1] When the officers attempted to confront the driver, the...
People v. Emerson - 11/18/2004
Defendant Robert Francis Emerson was arrested after driving erratically and failing field sobriety tests. He subsequently was convicted of driving under the influence of alcohol and driving on a suspended license.
On appeal, defendant...
People v. Thompson - 11/17/2004
The Fourth Amendment to the United States Constitution prohibits the police from making a warrantless entry into a dwelling. Case law has established a "bright line" at the home's threshold, i.e. it's door. Were we to sanction the instant...
People v. Malone - 11/17/2004
*1 Defendant Gregory Stephen Malone filed an opening brief in which he raised no issues and asked this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Subsequent to the United States...
People v. Reed - 11/16/2004
Following a jury trial, defendant was convicted of gross vehicular manslaughter while intoxicated (Pen.Code, § 191.5, subd. (d)), driving under the influence of alcohol and causing bodily injury (Veh.Code, § 23153, subd. (a)), driving with...
People v. McGee - 11/15/2004
This is the second appeal by appellant and defendant Brian M. McGee from his jury trial conviction of one count of murder and one count of attempted murder. In his first appeal, People v. McGee (2002) 104 Cal.App.4th 559 (McGee I ), we...
People v. Anthony - 11/5/2004
A jury convicted defendant Mark Anthony of failing to stop at an accident resulting in property damage (Veh.Code, § 20002, subd. (a)), driving with a suspended license (Veh.Code, § 14601.2, subd. (a)), two counts of driving under the...
People v. Calhoun - 11/2/2004
At about 7:00 p.m. on October 6, 2002, Calhoun and Waller were racing their cars **540 side-by-side on Imperial Avenue in San Diego. Although the posted speed limit was 50 miles per hour, the two cars apparently were traveling faster than...
People v. Lopez - 10/19/2004
Defendant was charged and convicted of vehicular manslaughter (Pen.Code, § 192, subd. (c)(3); count I), [FN1] driving while intoxicated and causing injury (Veh.Code, § 23153, subd (a); count II), driving while having .08 percent or more,...
People v. Farnham - 10/13/2004
*1 Defendant Christopher John Farnham entered a negotiated plea of no contest to driving under the influence of alcohol (DUI) (Veh.Code, § 23152, subd. (a)) and admitted having two prior DUI convictions (Veh.Code, §§ 23550, 23550.5). In...
People v. Smith - 10/6/2004
Kenneth Purdy Smith appeals from the order of the trial court recommitting him to the California Department of Mental Health for treatment after a jury determined him to be a mentally disordered offender (MDO). (Pen.Code, § 2960 et seq.)...
People v. Rodriguez - 10/5/2004
Guillermo Rodriguez appeals from his convictions by jury verdict of murder and vehicular manslaughter. He argues the trial court should have granted his motion for acquittal, challenges the instruction on gross negligence, and contends the...
People v. Leahy - 10/4/2004
*1 Defendant Brendan Vincent Leahy was convicted by plea of driving under the influence of a controlled substance (Veh.Code, §§ 23152), [FN1] misdemeanor giving a false name to a peace officer (Pen .Code, § 148.9), and misdemeanor driving...
People v. Williams - 9/30/2004
Defendant David Ray Williams pleaded guilty to driving with a suspended license (Veh.Code, § 14601.2, subd. (a)), and a jury convicted him of driving under the influence of alcohol (DUI) (Veh.Code, § 23152, subd. (a)) and driving with .08...
People v. Goff - 9/10/2004
A jury convicted defendant David Dean Goff of two counts of each of the following: assault on a child resulting in death (Pen.Code, § 273ab--counts III and IV), [FN1] gross vehicular manslaughter while intoxicated (§ 191.5, subd....
People v. Smith - 9/9/2004
Randall Eugene Smith appeals from the judgment entered following his plea of guilty to driving under the influence of an alcoholic beverage (DUI) causing injury. (Veh.Code, § 23153, subd. (a).) Appellant admitted suffering two prior DUI...
David B. v. Superior Court - 9/8/2004
Petitioner David B. (father) seeks writ relief from the juvenile court's order setting a Welfare and Institutions Code section 366.26 hearing regarding his son David W. (David). Father asserts that the juvenile court erred in finding that...
People v. Mason - 9/2/2004
A Redding police officer interviewed seven-year-old Jessica W. after a school counselor reported possible child abuse. Jessica told the officer that she was the passenger in a car driven by her stepfather, defendant John David Mason, on...
People v. Minor - 8/31/2004
After being extradited from Italy, Jeffrey Wayne Minor was convicted of assault with a deadly weapon on a peace officer, hit and run following an injury accident, and driving under the influence of alcohol and with a blood-alcohol level...
Girard v. Gutierrez - 8/25/2004
Newport Beach Police Officer D. Psaros arrested Robert John Girard II for driving under the influence of alcohol in violation of Vehicle Code section 23152. (All further statutory references are to the Vehicle Code unless otherwise...
In re Jennings - 8/23/2004
Petitioner invited some guests to his home and served them alcoholic beverages. One of the guests, only 19 years old, after leaving the party caused an automobile accident resulting in serious injury. Charged with violating Business and...
People v. Ingram - 8/18/2004
Appellant, Michael Maurice Ingram, was convicted by a jury of second degree murder (Pen.Code, [FN1] § 187), gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), driving while under the influence (Veh.Code, § 23152, subd....
People v. Cortes - 8/12/2004
Sergio Cortes appeals from the judgment entered upon his conviction by jury of leaving the scene of an accident that resulted in injury (Veh.Code, § 20001, subd. (a)) [FN1] and causing injury while driving under the influence of alcohol (§...
People v. Marquez - 8/5/2004
Defendant, Carlos Marquez, appeals from his convictions for phencyclidine possession (Health & Saf.Code, § 11377, subd. (a)) and misdemeanor driving under the influence of drugs. (Veh.Code, [FN1] § 23152, subd. (a).) Defendant argues the...
People v. Hoffman - 8/4/2004
Appellant, John Hoffman, was found guilty after a jury trial of vehicular manslaughter while driving under the influence of alcohol or a controlled substance (Pen.Code, § 192, subd. (c)(3), count two). The jury acquitted Hoffman of...
People v. Johnson - 8/4/2004
On June 23, 2003, appellant, Patricia Johnson, entered a plea of nolo contendere to driving under the influence of alcohol and drugs (Veh.Code, § 23153, subd. (a)). Johnson admitted an enhancement that she caused injury to multiple victims...
Shoyinka v. City of Santa Monica - 7/26/2004
Plaintiff was arrested on 12 occasions and was convicted at least nine times of various crimes.
On March 20, 1996, plaintiff was convicted of reckless driving, resisting an officer, drunk driving, and battery.
On February 2, 2001,...
Taylor v. Kuwatch - 6/30/2004
Defendant Edward Kuwatch appeals from a judgment entered after a jury found he had defamed plaintiffs Lawrence E. Taylor and Law Offices of Lawrence E. Taylor and had engaged in unfair business practices by utilizing false, misleading or...
People v. Ortiz - 6/30/2004
Defendant Arturo Ortiz was convicted of two counts of second degree murder (counts 1 and 2); the jury acquitted him of driving with a blood alcohol content of .08 percent or more (count 4). After the jury failed to reach a verdict on the...
People v. Delgado - 6/30/2004
Jorge Delgado, Jr., appeals from a judgment after a jury convicted him of filing a fraudulent motor vehicle insurance claim (Pen. Code, § 550, subd. (a)(4)). Delgado contends: (1) the trial court erroneously admitted evidence of his...
People v. Young - 6/30/2004
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. Williams - 6/30/2004
A jury convicted defendant of second degree robbery (count 1; Pen. Code, § 211), unlawful taking and driving of a vehicle (count 2; Veh. Code, § 10851, subd. (a)), and evading an officer (count 3; Veh. Code, § 2800.2, subd. (a)). As...
People v. Roach - 6/29/2004
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. Rhode - 6/29/2004
Case Dismissed...
People v. Gomez - 6/25/2004
The prosecution's complaint charged defendant Cesar Canizal Gomez with one felony count of possessing a controlled substance (Health & Saf.Code, § 11350, subd. (a)), one misdemeanor count of driving under the influence (Veh.Code, § 23152,...
People v. Appodaca - 6/23/2004
THE COURT
A jury convicted appellant, Ruben J. Appodaca, on one count each of being a felon in possession of a firearm (count I/Pen. Code, § 12021, subd. (a)(1)), possession of a sawed-off shotgun (count II/§ 12020. subd....
People v. Hunter - 6/23/2004
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. Smith - 6/23/2004
Donald Smith (defendant) asserts that his conviction for felony driving under the influence was barred by the double jeopardy clauses of the state and federal Constitutions. We agree, and we therefore reverse his felony conviction...
Harrahill v. City of Monrovia - 6/22/2004
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...
In re Bryce B. - 6/21/2004
On October 3, 2003, the Department of Children and Family Services (DCFS) filed a petition pursuant to Welfare and Institutions Code [FN1] section 300, subdivisions (a) and (b), alleging that Bryce B. (born in October 2002) was at a...
People v. Casillas - 6/21/2004
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...
Garberich v. Department of Motor Vehicles - 6/21/2004
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. Tomlin - 6/18/2004
INTRODUCTION
Appellant Gary Tomlin was convicted of eight felony counts based on the kidnapping and forcible sexual assault of another man, D.H., at Kaweah Lake. When appellant was arrested and confronted with the charges, he...
Welch v. Gourley - 6/18/2004
The superior court issued a writ of mandate directing appellant Department of Motor Vehicles (the DMV) to set aside its suspension of respondent Raymond Lawrence Welch's driving privilege and to reinstate that driving privilege. The court...
People v. Burke - 6/18/2004
Defendant Patrick Dennis Burke appeals after pleading no contest to driving under the influence of alcohol with three or more prior convictions (Veh.Code, §§ 23152, subd. (a), 23550, subd. (a)), felony vandalism (Pen.Code, § 594, subds.(a)...
People v. Cochran - 6/18/2004
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. Sexton - 6/17/2004
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...
Barragan v. Gutierrez - 6/17/2004
After his girlfriend called the police to report that he hit her, Daniel Barragan was stopped by police while he was driving his white van. The officer concluded that he had too much to drink and arrested him in the wee hours of the...
People v. Hill - 6/16/2004
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. Juarez - 6/15/2004
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. Hamm - 6/11/2004
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...
Perry v. Dep't of Motor Vehicles - 6/10/2004
Opinion after rehearing
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,...
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
|
|