Below you will find additional excepts of DUI cases in California. The experienced DUI defense lawyers at the California Legal Team are ready to help you fight your DUI charges.

Julie Ann LAUGHTON, Petitioner, v. DIRECTOR OF THE CALIFORNIA Department of Motor Vehicles, Respondent., 2010 WL 573520 (Trial Pleading) (Cal.Superior, February 01, 2010), Petition for Alternative Writ of Mandate ÝCCP |1094.5 and VC | 13559¨ to Set Aside Suspension of Driving Privilege - Dui, and Request for Stay; Verification; Memornadum of Points and Authorities, (No. 30-2010 00340852.)

...Petition for Alternative Writ of Mandate [ CCP §1094.5 and VC § 13559] to Set Aside Suspension of Driving Privilege - Dui, and Request for Stay; Verification; Memornadum of Points and Authorities Peter J. Mininsohn (Bar #71972), Law Office Peter J. Mininsohn...

...detained the petitioner. After arrival at the location, a Sheriffs deputy arrested petitioner for a violation of Vehicle Code section 23152 Among other things, a preliminary alcohol screening test was administered. Petitioner alleges that she was not intoxicated at the time...

...that there was reasonable cause to believe petitioner had been driving a motor vehicle in violation of Vehicle Code sections 23152 , that the petitioner was lawfully arrested, and that petitioner did not take or complete a chemical test. 7. A true and correct copy of the Officer's DS-367 Statement - Vehicle Code section 23152 and 13353 , is attached to this petition as Exhibit B. 8. A true and correct copy of the Arrest Report...

Timothy L. YOUNG, Petitioner, v. George VALVERDE, Director of the Department of Motor Vehicles for the State of California, Respondent., 2010 WL 336228 (Trial Pleading) (Cal.Superior, January 15, 2010), Verified Petition for Writ of Mandate/Review, (No. 30-2010 00336431.)

 

...have reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136 23140 23152 , or 23153 (2) Was the person placed under lawful arrest? (3) Did the person refuse or fail to complete a...

...that he consumed alcohol at the restaurant just prior to leaving the establishment. As a result, the officers commenced a DUI investigation, beginning with a series of standardized questions, all of which Mr. Young voluntarily answered. Aside from the horizontal gaze...

...officers explained to Mr. Young that he was not afforded the right to an attorney at this point in the DUI investigation but, as Officer Coutchie testified, the tests were voluntary and, as such, Mr. Young was not legally required to...

Christopher ARTHUR, Petitioner and Appellant, v. THE STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, Respondent., 2010 WL 519324 (Appellate Brief) (Cal.App. 4 Dist., January 11, 2010), Appellant's Reply Brief, (No. D055494.)

...for County of Pima, supra , 691 P.2d 1073   15 STATUTES Vehicle Code Section 13353.2, subd.(a)   4 Section 23152, subd.(a)   5 Section 23152    5 INTRODUCTION This is an appeal from the trial court's denial of a petition for a writ of mandate to...

...A, B, C. D and E.) On July 7, 2007, Christopher Arthur drove his vehicle into the lanes of a DUI Sobriety Checkpoint and then attempted to make a right turn out of the sobriety checkpoint lanes. As Mr. Arthur attempted...

...by San Diego Police Officer Benjamin McCurry, and subsequently arrested for driving under the influence of alcohol ( Vehicle Code section 23152 (a)). (Petitioner's Lodged Exhibit B) (C.T. pp. 32-35.) Upon arresting Mr. Arthur, Officer McCurry served him with an Administrative...

THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. Robert HASTINGS, Defendant and Appellant., 2009 WL 5718936 (Appellate Petition, Motion and Filing) (Cal., December 28, 2009), Answer to Petition for Review, (No. S178514.)

...51 L.Ed.2d 30   8 Statutes Penal Code § 667.5, subd. (b)   3 § 668   3 Vehicle Code § 23152, subd. (a)   2 § 23152, subd. (b)   3 § 23578   3 § 23626   3 § 23550.5, subd. (a)   3 Constitutional Provisions California Constitution   2...

...Attorney's Office filed a two count information charging Hastings with felony driving under the influence of alcohol ( Veh. Code, § 23152 , subd. (a)) and felony driving while having a measurable blood alcohol level of .08 or greater ( Veh. Code, § 23152 , subd. (b)). Attendant to each count, the information alleged enhancements for two prior felony DUI convictions within the last ten years ( Veh. Code, §§ 23626 and 23550.5 , subd. (a)) and for a blood alcohol...

Christopher ARTHUR, Appellant, v. THE STATE OF CALIFORNIA, Department of Motor Vehicles, Respondent., 2009 WL 5672540 (Appellate Brief) (Cal.App. 4 Dist., December 21, 2009), Respondent's Opening Brief, (No. D055494.)

...The Department Of Motor Vehicles' Suspension Of Petitioner's Driver's License Because Petitioner Was Properly Detained And Arrested At A Legal DUI Checkpoint, And It Is Undisputed That Petitioner Was Driving And Tested With A .08% Blood Alcohol Level   7 A. Driver's...

...with a .08% or Higher Blood-Alcohol Level   7 B. Sobriety Checkpoints are Constitutional Under Ingersoll v. Palmer 8 C. DUI Checkpoints are Presumptively Constitutional and Petitioner Bears the Burden of Proof Under California Evidence Code section 664 of Establishing Unconstitutionality...

...Evidence Code § 664 passim California Vehicle Code § 13557(b)(2)   7 § 23136   7 § 23140   7 § 23152    2, 3, 7 Constitutional Provisions Fourth Amendment   8 INTRODUCTION On July 7, 2007, Petitioner was stopped at a sobriety checkpoint...

Bonvicino v. Hopkins, 2009 WL 4780928 (Appellate Petition, Motion and Filing) (U.S., December 09, 2009), Petition for a Writ of Certiorari, (No. 09-681.)

...officers whose warrantless entry into a residence resulted in the arrest of the inhabitant for violating California Vehicle Code § 23152 (driving under the influence), the Ninth Circuit concluded that the California Supreme Court misinterpreted Welsh v. Wisconsin, 466 U.S. 740...

...that the Fourth Amendment prohibited police officers from making a warrantless entry to arrest an individual for a non-jailable DUI (driving under the influence) infraction under Wisconsin law. The Ninth Circuit rejected the officers' reliance on People v. Thompson, 38...

...2006) , which held that police officers may enter a residence without a warrant to arrest a person for a jailable DUI offense pursuant to the exigency exception. The officers contend that their entry was objectively reasonable under either of two exceptions...

THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. Michael J. LASTER, Defendant and Appellant., 2009 WL 5332368 (Appellate Petition, Motion and Filing) (Cal., December 03, 2009), Petition for Review, (No. S178399.)

...case arises out of appellant MICHAEL J. LASTER'S conviction on one count of driving under the influence ( Vehicle Code section 23152 (a)) and the resulting sentence of 25 to life in prison. Six questions are presented in this petition. The first...

...1997) 57 Cal.App.4th 620; People v. Bishop (1997) 56 Cal.App.4th 1245 As noted, appellant stood convicted of a DUI. Appellant's prior strikes, were two vehicular manslaughter convictions arising out of one act and resulting in the deaths of two...

...2(A); so that deals obviously with not only driving with suspended license, but related to the issues of the DUI, and then in December of '06, the DUI. (2RT 1804) Defense counsel argued that while those facts were true there was a “big picture” the court was not...

Glen GILLHAM, Plaintiff/Appellant, v. COUNTY OF LAKE, et al., Defendants/Respondents., 2009 WL 4548923 (Appellate Brief) (Cal.App. 1 Dist., November 03, 2009), Respondents' Brief, (No. A124084.)

...Cause of action” attached as Exhibits A & B to Compl.) Appellant was originally prosecuted for violation of Vehicle Code sections 23152 subsections (a) and (b). (See Criminal Complaint filed June 28, 2006, Case No. CR909768, Request for Judicial Notice, hereinafter “RJN...

...same issues (See Yount v. City of Sacramento (2008) 43 Cal. 4th 885, 902 (conviction for resisting arrest arising from DUI arrest may not be collaterally attacked via civil suit for battery to the extent based on ordinary use of force...

PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff/Respondent, v. Isidro Pena SOTO, Defendant/Appellant., 2009 WL 4090459 (Appellate Petition, Motion and Filing) (Cal., October 30, 2009), Appellant's Petition for Review, (No. S176865.)

...Amendment   11, 16 United States Constitution, Sixth Amendment   11, 16 United States Constitution, Fourteenth Amendment   11, 16 Vehicle Code section 23152   16 Vehicle Code section 23153 , subdivision (a)   2 Vehicle Code section 23153 , subdivision (b)   2 TO THE HONORABLE CHIEF JUSTICE...

...the device. (1RT 211-213.) The parties stipulated that, in 2003, appellant had two convictions for violating Vehicle Code section 23152 , subdivision (b). People's Exhibit 14 showed a third conviction for driving under the influence of alcohol. (1RT 287-288.) Herman Uquillas is a DUI counselor for AK Bean. He counsels people who have been convicted of driving under the influence. In 2005 and 2006...