Below are excerpts of DUI cases that have been filed in California courts. If you are in need of a California DUI defense attorney, call the California Legal Team today at 1-800-285-1763.
Christopher ARTHUR, Petitioner and Appellant, v. THE STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, Respondent., 2009 WL 4071237 (Appellate Brief) (Cal.App. 4 Dist., October 20, 2009), Appellant's Opening Brief, (No. D055494.)
...1, subd.(a) 5 Section 1110 5 Section 1094.5 6 Vehicle Code Section 13353.2, subd.(a) 4 Section 23152, subd.(a) 5 Section 23152 6 Section 23136 12 Section 23140 12 Section 23153 12 Sections 13557(b)(2) 12 Section 133551 13 Sections 13551...
...07, 2007, Officer McCurry (I.D. #5781) of the San Diego Police Department, arrested appellant for violation of Vehicle Code section 23152 , subd. (a) and served him with an Administrative Per Se Order of Suspension of his driver's license. (C.T. pp. 1...
...as it had determined he had been lawfully arrested and was driving a vehicle in violation of vehicle code section 23152 (Petitioner's Lodged Exhibit E, C.T. pp 6-8.) On July 10. 2008, petitioner filed a Petition for a Writ of...Bryan BERGER, et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA, Defendant and Respondent., 2009 WL 4071243 (Appellate Brief) (Cal.App. 4 Dist., October 26, 2009), Appellants' Reply Brief, (No. E046298.) ...including: Veh.C. §§21460 (Double Lines), 21650 (Right Side of Roadway), 21658 (Laned Roadways), 21660 (Approaching Vehicles), 22350 (Basic Speed Law), 23152 (Driving Under Influence),. and 23153 (DUI and Causing Bodily Injury). Contrary to Respondent's view, not all interrogatory answers are admissible because of their status as answers...
DEPARTMENT OF MOTOR VEHICLES, Respondent and Appellant, v. Kevin James OVERTURE, Petitioner and Respondent., 2009 WL 3794787 (Appellate Brief) (Cal.App. 2 Dist., October 09, 2009), Appellant's Opening Brief, (No. B213538.)
...3, 6, 7, 8, 10, 13-15 INTRODUCTION When an individual is arrested for driving under the influence of alcohol (DUI) he or she has one opportunity to take and complete a chemical test after being admonished as to the requirements...
...administering the test has no obligation to explain the failure to the person taking the test. After being arrested for DUI, Respondent was told by the arresting deputy that he was required to take and complete a chemical test. Respondent chose...
...speech), the admission of drinking, the PAS reading of .153, and his failure on the FSTs, Respondent was arrested for DUI. (AR 011; 022.) Respondent was transported to the Santa Clarita Sheriffs Station. Vaziri admonished Respondent that he was required to...John Fremont STEEL IV, Plaintiff, v. CITY OF SAN DIEGO, San Diego Police Department; Chief William Lansdowne, individually and in his capacity as Chief of Police for the San Diego Police Department; Sergeant Michael McCollough, individually and in his capacity as a San Diego Police Officer; Sergeant Daniel Douglas, individually and in his capacity as a San Diego Police Officer; Officer Gilbert Ninness, individually and in his capacity as a san Diego Police, 2009 WL 4703426 (Trial Motion, Memorandum and Affidavit) (S.D.Cal., September 21, 2009), Defendant Charles E. Jones' Memorandum of Points and Authorities in Support of Motion to Dismiss, (No. 09-CV-1743-MMA-NLS.)
...Procedure section 12(b)(6) 3, 7 Other Authority 95 S.Ct. 325, 419 U.S. 1006 7 California Vehicle Code section 23152 14, 16 MEMORANDUM OF POINTS AND AUTHORITIES COME NOW DEFENDANT CHARLES E. JONES (hereinafter “Jones”) and respectfully submits this memorandum...
...point out that the only acts which Jones allegedly committed was limited surveillance in the two weeks prior to the DUI stop. Absent from the entire complaint is evidence that any defendant, let alone Jones, threatened, intimidated or coerced Plaintiff in...
...were communicating that Steel was intoxicated and potentially driving in that condition (which is illegal under California Vehicle Code section 23152 ), their communication clearly qualifies for immunity from all civil torts as provided by California Civil Code section 47 (b). Jones...
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. Michaelle Marie KING, Defendant and Appellant., 2009 WL 3315082 (Appellate Petition, Motion and Filing) (Cal., September 14, 2009), Petition for Review, (No. S176368.)
...THE PROSECUTOR TO QUESTION PETITIONER REGARDING PRIOR ADVICE SHE MAY HAVE RECEIVED FROM COUNSEL RELATING TO HER 2001 ARREST FOR DUI, IN VIOLATION OF HER RIGHTS TO DUE PROCESS AND A FAIR TRIAL. 25 III. THE TRIAL COURT PREJUDICIALLY ERRED BY...
...section 352 3 Evidence Code section 1101 , subdivision (b) 3, 9 Penal Code section 1089 21, 23 Vehicle Code section 23152 , subdivision (a) 2, 3, 17 Vehicle Code section 23152 , subdivision (b) 2 Vehicle Code section 20002 , subdivision (a) 2 Vehicle Code section 23222 , subdivision (b) 2 RULES OF THE...
...err in allowing petitioner to be questioned regarding prior advice she may have received from counsel relating to her 2001 DUI arrest in violation of petitioner's right to due process under the Fourteenth Amendment to the United States Constitution? III. Did...John Fremont STEEL IV, Plaintiff, v. CITY OF SAN DIEGO; San Diego Police Department; Chief William Lansdowne, individually and in his capacity as Chief of Police for the San Diego Police Department; Sergeant Michael McCollough, individually and in his capacity as a San Diego Police Officer; Sergeant Daniel Douglas, individually and in his capacity as a San Diego Police Officer; Officer Gilbert Ninness, individually and in his capacity as a San Diego Police, 2009 WL 4703425 (Trial Motion, Memorandum and Affidavit) (S.D.Cal., September 14, 2009), Memorandum of Points and Authorities in Support of Defendants Confidential Research Company and Laura Marie Sisson-Brown's Motion to Dismiss Complaint of John Fremont Steel for Failure to State a Claim Pursuant to Federal Rules of Civil Procedure 12( b)(6), (No. 09-CV-1743-MMA-NLS.)
...alleges that private investigators and San Diego police officers conspired and worked together to have plaintiff arrested for an alleged DUI as part of an effort to make him look bad in connection with divorce proceedings. During the course of that...
...related to plaintiff. (¶63.) On August 11, 2007 McCollough dispatched Officer Ninness to meet with private investigators regarding a possible DUI. (¶66.) Brown and Bronold told Ninness that plaintiff was intoxicated, showed him plaintiff's car, but plaintiff was not there. (¶69...
...IMMUNITY FROM LIABILITY FOR THAT CALL The complaint alleges that Officer Ninness met with Brown and Bronold regarding a possible DUI, and that Brown and Bronold told Officer Ninness that plaintiff was intoxicated, and showed him plaintiff's car. (¶¶66 and 69...Paul POLITZER, Plaintiff, v. CALIFORNIA HIGHWAY PATROL; Richard Castillejos; Michael Edwards, Defendants., 2009 WL 4702263 (Trial Motion, Memorandum and Affidavit) (S.D.Cal., August 28, 2009), Defendants' Memorandum of Points and Authorities in Support of Defendants' in Limine Motion to Exclude Evidence in Support of Plaintiff's Second Claim for Damages on the Grounds It Is Barred by Heck V. Humphrey, (No. 07-cv-00457-DMS-AJB.)
...administering a series of field sobriety tests, Defendants CHP officers Richard Castillejos and Michael Edwards placed Plaintiff under arrest for DUI and transported to the San Diego County Jail. (Compl. at 4). At the county jail, a sample of Plaintiff's blood...
...criminal complaint was subsequently filed against plaintiff charging him with two separate counts, a violation of California Vehicle Code section 23152 , subdivision (a), and (b). (Request for Judicial Notice (RJN), Ex. A). Prior to Plaintiff's criminal trial, the court held a...
...31, 2005, the jury returned a verdict of guilty under both subdivision (a) and subdivision (b) of Vehicle Code section 23152 (RJN, Ex. G). Vehicle Code section 23152 , subdivision (b), provides that it “is unlawful for any person who has 0.08 percent or more, by weight, of...THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. Joseph Charles CANNAN, Defendant and Appellant., 2009 WL 2761025 (Appellate Petition, Motion and Filing) (Cal., July 20, 2009), Petition for Review, (No. S174756.)
...§ 667, subd. (e)(1) 2, 5 § 1025 21 § 1158 21 California Vehicle Code § 23140 2 § 23152 2, 3, 18 subd. (a) 1, 5 subd. (b) 2, 5 § 23153 2, 3, 18 § 23550.5, subd...
...rehearing is attached hereto as Exhibit 2. INTRODUCTION Appellant was convicted of driving under the influence of intoxicating liquor [hereafter, DUI] in violation of Vehicle Code sections 23152 , subdivisions (a) and (b). Based on a 1991 Arizona conviction of manslaughter that was treated as a prior conviction of...
...being without malice. It is of three kinds: (c) Vehicular -- FN (3) Driving a vehicle in violation of Section 23140 23152 , or 23153 of the Vehicle Code and in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in violation of Section 23140 23152 , or 23153 of the Vehicle Code and in the commission of an unlawful act which might produce death, in an unlawful manner, but without gross negligence. The propriety of appellant's double-the-base term felony sentence for DUI depends primarily on whether his prior Arizona conviction for violation of Arizona Revised Statutes [hereafter, ARS] section 13-1103 [FN3...Philip Louis BRUNO, Petitioner-Appellant, v. SUPERIOR COURT OF SAN FRANCISCO, Respondent, George Val Verde, Director of the Department of Motor Vehicles, Real Party in Interest., 2009 WL 2847363 (Appellate Brief) (Cal.App. 1 Dist., July 16, 2009), Appellant's Opening Brief, (No. A124489.)
...Vehicle Code § 13353.2 11 Vehicle Code § 13950 22 Government Code § 11450.20 23 Vehicle Code § 23152 2 Vehicle Code § 23152 (a) 2, 11 Vehicle Code § 23152 (b) 2, 4, 11 Vehicle Code § 23153 (b) 4 Vehicle Code § 23612 14 Vehicle Code § 23612 (a...
...CASE On June 29, 2008, appellant was arrested for allegedly driving under the influence in violation of Vehicle Code § 23152 On September 10, 2008, at the first scheduled pretrial conference in the misdemeanor criminal case, all misdemeanor charges related to this arrest, including Vehicle Code §§ 23152 (a) and (b), were dismissed by the Superior Court based upon the District Attorney's motion to dismiss for lack of...
...three hour rebuttable presumption does not apply and the DMV's burden cannot be met. See Id.; California Vehicle Code §§ 23152 (b) and 23153 (b); Komizu v. Gourley (2002) 103 Cal.App.4th 1001; Burse v. DMV (1992) 5 Cal.App.4th 384...Philip Louis BRUNO, Petitioner-Appellant, v. SUPERIOR COURT OF SAN FRANCISCO, Respondent, George Val Verde, Director of the Department of Motor Vehicles, Real Party in Interest., 2009 WL 2847363 (Appellate Brief) (Cal.App. 1 Dist., July 16, 2009), Appellant's Opening Brief, (No. A124489.)
...Vehicle Code § 13353.2 11 Vehicle Code § 13950 22 Government Code § 11450.20 23 Vehicle Code § 23152 2 Vehicle Code § 23152 (a) 2, 11 Vehicle Code § 23152 (b) 2, 4, 11 Vehicle Code § 23153 (b) 4 Vehicle Code § 23612 14 Vehicle Code § 23612 (a...
...CASE On June 29, 2008, appellant was arrested for allegedly driving under the influence in violation of Vehicle Code § 23152 On September 10, 2008, at the first scheduled pretrial conference in the misdemeanor criminal case, all misdemeanor charges related to this arrest, including Vehicle Code §§ 23152 (a) and (b), were dismissed by the Superior Court based upon the District Attorney's motion to dismiss for lack of...
...three hour rebuttable presumption does not apply and the DMV's burden cannot be met. See Id.; California Vehicle Code §§ 23152 (b) and 23153 (b); Komizu v. Gourley (2002) 103 Cal.App.4th 1001; Burse v. DMV (1992) 5 Cal.App.4th 384...Shirley BRONEY, Plaintiff and Appellant, v. CALIFORNIA COMMISSION ON TEACHER CREDENTIALING, Defendants and Respondents., 2009 WL 2824491 (Appellate Brief) (Cal.App. 3 Dist., June 30, 2009), Opening Brief for Appellant, (No. C060831.)
...v. State Board of Education (1972) 22 Cal.App.3d 559 5, 14, 15, 16, 18 Statutes California Vehicle Code section 23152 (a) 5 California Vehicle Code section 23152 (b) 5 California Vehicle Code section 23578 5 Code of Civil Procedures section 1094.5 4 Code of Civil Procedures...
...other things, criminal convictions resulting from violations of drinking and driving laws. In particular, Appellant, Ms. Broney has a misdemeanor DUI conviction from 1987, 1997 and 2002. Often, as here, the conduct under review has occurred wholly outside of the teaching...
...review is held, and a determination made, is the issue of proper penalty appropriate to consider. Here, Ms. Broney's misdemeanor DUI convictions were reviewed along with uncontroverted expert testimony that she is not an alcoholic and unlikely to reoffend. Also considered...Wade Anthony ROBERTSON, Petitioner, v. DEPARTMENT OF MOTOR VEHICLES, an agency of the State of California, Respondent., 2009 WL 2510721 (Appellate Brief) (Cal.App. 1 Dist., June 26, 2009), Respondent's Brief, (No. A123892.)
...11 § 14105.5 8 § 14112 24 § 21457 1, 12 § 21457(a) 14 § 21802 13 § 23152 6 § 23152 (2) 12 § 23612 20, 21 Constitutional Provisions Fourth Amendment 15 Court Rules Rule 2.900 subdivision (a) of the...
...the person had been driving a motor vehicle while under the influence of alcohol in violation of Vehicle Code section 23152 (CT 339.) Robertson requested an administrative hearing under Vehicle Code section 13353 (e). (CT 398.) The suspension was stayed pending...
...a peace officer had reasonable cause to believe Robertson was driving a motor vehicle in violation of Vehicle Code sections 23152 or 23153 ; (2) whether Robertson was lawfully arrested; (3) whether Robertson was told of the consequences of refusing a chemical...Shirley Marie BRONEY, Appellant, v. CALIFORNIA COMMISSION ON TEACHER CREDENTIALING, Respondent., 2009 WL 2824490 (Appellate Brief) (Cal.App. 3 Dist., June 26, 2009), Respondent's Brief, (No. C060831.)
...22 § 11517 2, 20 Penal Code § 1203.4 4 § 1203.4, subd. (a) 4 Vehicle Code § 23152, subd. (a) 5 § 23152, subd. (b) 5 CONSTITUTIONAL PROVISIONS First Amendment 23 COURT RULES California Rules of Court rule 3.1700 21 INTRODUCTION It...
...of her fitness to hold a teaching credential would commence as a result of her three driving under the influence (DUI) convictions. (AR [FN1] 145-147.) At its October 20-22, 2004 meeting, the Committee of Credentials found probable cause to...
...arrested. (AR 178.) Broney was charged with one count of driving under the influence of alcohol under Vehicle Code section 23152 , subdivision (a), and one count of driving with a blood alcohol content of .08% or higher under Vehicle Code section 23152 , subd. (b). (AR 184-185.) The criminal complaint also alleged two enhancements: one for having a prior DUI conviction within the past seven years, and one for Broney's driving with a blood alcohol content of .20% or higher...
