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. Novak - 6/9/2004
A jury convicted Stephen Charles Novak of first degree murder and found he personally used a knife in the commission of the crime. The court found true allegations defendant had a prior serious or violent felony conviction pursuant...
People v. Pena - 6/9/2004
1. Introduction
Defendant Jose Guadalupe Reyes Pena appeals from a judgment convicting him of transporting and possessing a kilo of cocaine. On appeal, defendant claims the trial court committed the following errors: denying...
People v. McHugh - 6/7/2004
Stephen McHugh pleaded guilty to a series of charges after the court denied his motion to suppress evidence of the results of his blood alcohol test. [FN1] On appeal, McHugh asserts this evidence should have been suppressed because it was...
People v. Walker - 6/4/2004
By plea bargain, defendant, Michael Dawayne Walker, pled no contest to a charge of driving under the influence of alcohol (Veh.Code, § 23152, subd. (a)) with a prior conviction of drunk driving with injury (Veh.Code, § 23153).
In addition...
People v. Roles - 6/4/2004
Alexander D. Robles (defendant) challenges the sufficiency of the evidence to support his conviction for possession of heroin. He also challenges the trial court's refusal to dismiss one or more of his strike priors. Finding no...
Cherie C. v. Superior Court of Orange County - 6/2/2004
Cherie C.'s children, John O. and Kayla M., were removed from her custody and placed in long-term foster care. At a periodic review hearing, the juvenile court referred the case to a permanency hearing under Welfare and Institutions...
People v. Jordan - 6/1/2004
NOT TO BE PUBLISHED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. Robershaw - 6/1/2004
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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. Apodaca - 5/28/2004
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. Vuong - 5/27/2004
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. Canty - 5/27/2004
Following the enactment of Proposition 36, the "Substance Abuse and Crime Prevention Act of 2000," which took effect July 1, 2001, a defendant who has been convicted of a "nonviolent drug possession offense" must receive probation and...
People v. Daetwiler - 5/27/2004
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. Moore - 5/26/2004
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. Stevenson - 5/26/2004
A jury convicted defendant of first degree murder. The jury also found true enhancement allegations that the killing was gang related and that defendant personally and intentionally discharged a firearm, proximately causing the death...
People v. Mercado - 5/26/2004
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. Roberts - 5/26/2004
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. Reiner - 5/26/2004
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. Nicklaus - 5/25/2004
THE COURT
On January 24, 2002, appellant, John Dean Nicklaus, pled guilty to one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The trial court initially deferred entry of judgment...
People v. Allen - 5/25/2004
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...
McCoy v. Dep't of Motor Vehicles - 5/25/2004
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...
Telesforo S. v. Superior Court of Merced County - 5/21/2004
THE COURT
Petitioner seeks an extraordinary writ (Cal. Rules of Court, rule 39.1B) to vacate the orders of the juvenile court terminating reunification services and setting a Welfare and Institutions Code section 366.26...
People v. Fraher - 5/21/2004
A jury found defendant and appellant, Cecilia Agnes Fraher (defendant) guilty as charged of three counts of implied malice second degree murder (counts 1 through 3) and three counts of gross vehicular manslaughter while intoxicated...
People v. Groover - 5/20/2004
Following a jury trial, defendant Samuel Albert Groover was convicted of hit and run with injury, driving under the influence of alcohol, and driving with blood alcohol level of .08 percent or more. Before trial, he pleaded guilty to...
In re Diane R. - 5/19/2004
Diane R. (then 12) and Brenda R. (then 7) were taken into protective custody in May 2001, and a petition was filed alleging that their mother (Mirna R.) had failed to protect the children, that one of Mirna's male friends (Sergio G.) had...
People v. Kimball - 5/19/2004
THE COURT
Summary of Proceedings Below
Appellant Joshua Kimball entered a plea of no contest to driving under the influence and causing injury (count 1, Veh. Code, § 23153, subd. (a)), vehicle theft (count 2, Veh. Code §...
People v. Ferris - 5/17/2004
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...
People v. Cooper - 5/14/2004
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. Suarez - 5/13/2004
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. Couch - 5/13/2004
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. Lopez - 5/13/2004
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. Quincey - 5/13/2004
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...
Eusse-Gil v. Department of Motor Vehicles - 5/11/2004
After an administrative hearing at the Department of Motor Vehicles (DMV), the driver's license of petitioner Andrea Eusse-Gil was suspended on November 22, 2002, for driving with a 0.14 blood alcohol as shown by a blood test. Her driving...
People v. Villegas-Garcia - 5/10/2004
Defendant pled guilty to a violation of Vehicle Code section 20001, subdivision (a), leaving the scene of an accident resulting in injury to another. The court dismissed the remaining charges of violating Vehicle Code section 23153,...
People v. England - 5/5/2004
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...
Anderson v. Superior Court of Fresno County - 5/3/2004
THE COURT
BACKGROUND
The limited record before us strongly suggests that petitioner Dana H. Anderson has suffered four driving under the influence convictions, three of which occurred in fairly close succession. It is...
People v. Dominguez - 4/30/2004
A jury convicted defendant Vicente Dominguez of second degree murder (Pen.Code, § 187), gross vehicular manslaughter while intoxicated (Pen.Code, § 191.5), driving under the influence of alcohol causing injury (Veh.Code, § 23153, subd....
People v. Stewart - 4/30/2004
Adrian Duran Stewart (defendant) appeals from the order extending his involuntary commitment as a mentally disordered offender (MDO) under Penal Code section 2970. Defendant contends that he is not subject to treatment as an MDO...
People v. Jimenez - 4/30/2004
Defendant Abraham Jiminez appeals his conviction for second degree murder. He argues the trial court erred by failing to admit certain items of evidence, and by permitting the jury to view autopsy and crime scene photos. We disagree...
People v. Enriquez - 4/29/2004
Appellant, Arturo Macias Enriquez, pled guilty in the instant case (No. 1042009) to possession of heroin (Health & Saf.Code, § 11350), driving under the influence of alcohol and drugs (Veh.Code, § 23152, subd. (a)), being under the...
People v. Alfaro - 4/28/2004
Following a jury trial, defendant Rafael Orozco Alfaro was convicted of driving under the influence of alcohol and driving with a blood alcohol level of .08 percent or higher. He contends the prosecutor committed misconduct during...
People v. Serrano - 4/28/2004
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. Allen - 4/27/2004
THE COURT
Randy Donald Allen appeals his conviction for evading a police officer (Veh. Code, § 2800.2), driving under the influence of alcohol (§ 23152, subd. (a)), driving with a blood alcohol concentration of more than .08...
People v. Ray - 4/27/2004
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. Garcia - 4/27/2004
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. Ross - 4/26/2004
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. Bowden - 4/26/2004
A jury convicted defendant Michael Dennis Bowden of possessing a deadly weapon (Pen.Code, § 12020, subd. (a)(1); unspecified section references that follow are to the Penal Code) and selling a switchblade knife (§ 653k). The court found...
People v. Bregel - 4/26/2004
In an information filed by the Los Angeles County District Attorney, appellant, Jeffrey Bregel, was charged with driving under the influence causing injury (Veh.Code [FN1] § 23153) and driving under the influence (§ 23152 subd. (a)). The...
People v. Richardson - 4/23/2004
A jury convicted defendant of failing to register as a sex offender in violation of Penal Code section 290 (section 290). The court found true allegations of two prior "strike" convictions and three prior prison term convictions. The...
Kenneth W. v. Superior Court of the County of San Bernardino - 4/22/2004
Petitioners Kenneth W. (Father) and Valerie G. (Mother; collectively, the parents) are the parents of Kenny G. The parents filed separate writ petitions pursuant to California Rules of Court, rule 39.1B challenging an order setting a...
People v. Hernandez - 4/20/2004
THE COURT
Pursuant to a plea bargain, defendant Reynaldo Ruben Hernandez pleaded nolo contendere to one count of possession of PCP. (Health & Saf. Code, § 11377.) In addition, he admitted to having suffered a prior serious...
People v. Villalpando - 4/16/2004
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. Autio - 4/16/2004
A jury found defendant Grace Michelle Autio guilty of driving while under the influence after having suffered a prior felony conviction within ten years (Veh.Code, §§ 23152, 23440.5, subd. (a)) and driving with a blood alcohol level...
Nortman v. Gutierrez - 4/15/2004
Plaintiff Joseph Nathan Nortman's license was suspended after a Department of Motor Vehicles administrative per se hearing following his arrest for drunk driving. Plaintiff petitioned the trial court for a writ of administrative mandate...
People v. Purnell - 4/15/2004
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. Munger - 4/14/2004
Andre M. Munger pled guilty to causing injury to persons while driving under the influence of alcohol (Veh.Code, § 23153, subd. (a)) and with a blood/alcohol level of .08 percent or more (Veh.Code, § 23153, subd. (b)). Munger admitted...
People v. Meeks - 4/13/2004
CERTIFIED FOR PARTIAL PUBLICATION
A jury convicted defendant Delbert Meeks of willfully failing, between January 1 and May 15, 2000, to register within five days after changing his address (Pen. Code, § 290, subd. (a)(1)(A);...
People v. Green - 4/12/2004
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. Sherrell - 4/9/2004
On the morning of September 17, 2002, David Foley was at the Bear Valley Police Department in Kern County. He was assisting law enforcement in setting up an undercover drug buy. Foley hoped to "make a percentage" of the drug buy, as well...
People v. Bueno - 4/8/2004
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. Deborde - 4/8/2004
Following a preliminary hearing, the magistrate granted defendant's Penal Code section 17, subdivision (b)(5) motion, thereby reducing two felony charges to misdemeanors. The prosecutor brought a section 871.5 motion, but the...
People v. Garcia - 4/7/2004
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. Sanchez - 4/6/2004
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. Benitez - 4/6/2004
THE COURT
A jury convicted appellant, Roberto Mejia Benitez, of one count each of driving under the influence of alcohol (count I/Veh. Code, § 23152, subd. (a)), and driving with a blood alcohol content of .08 percent or...
People v. Moreno - 4/5/2004
Albert Moreno (appellant) shot Juan Gonzales five times at close range with a 12 gauge shotgun after the two drank alcohol together in appellant's garage. Appellant was found guilty of first degree murder (Pen. Code § 187, subd....
People v. Taylor - 4/5/2004
A defendant shoots a woman, killing her. As a result, her fetus also dies. In the absence of evidence the defendant knew the woman was pregnant, may the defendant be held liable for the second degree implied malice murder of the fetus?...
People v. Knight - 4/1/2004
At a court trial, appellant Scott Eugene Knight was convicted of gross vehicular manslaughter while intoxicated (Count 2) (Pen.Code, § 191.5, subd. (a)); driving under the influence of drugs or alcohol causing injury (Count 3) (Veh.Code, §...
People v. Mitchell - 3/29/2004
Cornell Mitchell appeals a judgment after his conviction of driving with a blood alcohol content in excess of 0.08 (Veh.Code, [FN1] § 23152, subd. (b)), with findings that he had two prior convictions of that offense and a conviction of...
People v. Gonzalez - 3/25/2004
Defendant Alberto Sanchez Gonzalez was charged with several violations of the Vehicle Code, including driving while intoxicated and driving with a revoked license. His defense at trial was that he was not driving. A jury convicted him on...
People v. Hardacre - 3/22/2004
On October 27, 2001, defendant Jeffrey Hardacre was stopped by a California Highway Patrol Officer for speeding on Highway 9 in Santa Cruz County. Based on objective signs and failed intoxication tests, defendant was arrested and later...
People v. Durbin - 3/18/2004
Defendant Tracey Lynne Durbin pled no contest to one count of driving under the influence of alcohol (DUI) and causing injury (Veh .Code, § 23153, subd. (a)) and one count of driving with a license that was suspended or revoked for a DUI...
People v. Harley - 3/8/2004
A police officer initially detained defendant Michael John Harley for a suspected Vehicle Code violation for driving a vehicle with an improperly mounted dealer plate. Defendant was subsequently charged with driving under the influence of...
People v. Morse - 3/5/2004
A stop and search of Timothy Douglas Morse's car revealed a Molotov cocktail in the trunk that, Morse admitted, he had made and meant to use to fix his car or, failing that, to torch it. A jury found him guilty of possessing an incendiary...
People v. Prado - 3/2/2004
Appellant, Jose Martin Prado, was convicted by a jury of felony drunk driving (Veh.Code, [FN1] § 23152, subd. (a)), felony driving with a blood alcohol level of .08 percent or more (§ 23152, subd. (b)), and misdemeanor driving with a...
People v. Lanas - 2/24/2004
Pursuant to a plea agreement, appellant Thomas Lanas pled no contest to felony possession of methamphetamine (Health & Saf.Code, § 11377, subd. (a)) and misdemeanor driving under the influence of alcohol and/or drugs (Veh.Code, § 23152,...
People v. Diaz - 2/17/2004
Defendant Saul Mora Diaz appeals from a judgment entered following his plea of no contest to one count of driving under the influence of alcohol and causing injury and one count of hit and run resulting in injury. The trial court denied...
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