Example excerpts from California DUI Cases
Joel C. SCHIEFFER, Petitioner, v. DEPARTMENT OF MOTOR VEHICLES, Greg Valverde, Director, Respondent., 2009 WL 1641210 (Appellate Brief) (Cal.App. 2 Dist., May 12, 2009), Respondent's Brief, (No. B211332.)
...Cal.App.3d 499 5 STATUTES Pen. Code section 830.1 et seq 5 section 836 8, 9 Veh. Code section 23152, subdivision (b) 9 section 40300.5, subdivision (e) 8 INTRODUCTION This case arises out of a Department of Motor Vehicles...
...and they discussed where the appellant was going. At this point Woods formed a suspicion that the appellant was a DUI suspect. Woods was needed at the arrest scene so he summoned a second CHP officer (McIntosh), related to McIntosh what his observations had been and requested that McIntosh pursue a further DUI investigation. McIntosh, who had briefly seen the appellant's pickup truck approaching the arrest scene, then approached the appellant and observed...
...of the pursuit who had just been taken into custody when Officer Woods requested assistance for him to do a DUI investigation of Mr. Schieffer after Officer Woods had come into contact with Mr. Schieffer. (CT 84:20-24) He clarified...
PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. Victor Avila GARCIA, Defendant and Petitioner., 2009 WL 1499024 (Appellate Petition, Motion and Filing) (Cal., May 08, 2009), Petition for Review After the Unpublished Decision of the Fifth District Court of Appeal, (No. S172767.)
...an information charging petitioner with a felony count of driving under the influence of alcohol or drugs ( Veh. Code, § 23152 , subd. (a)), with allegations that the offense had occurred within 10 years of three or more prior DUI-type offenses ( Veh. Code, § 23550 [FN1] , that he had refused to submit to chemical testing of his blood or...
...prior conviction under Vehicle Code section 23153 (1RT 107.) On March 26, 2008, the jury convicted petitioner of the felony DUI count and found the allegation true that he had refused the chemical test. (CT 149, 2RT 316,) On March 27...
Kory Lawrence ERLAND PATTERSON, Petitioner, v. CALIFORNIA STATE DEPARTMENT OF MOTOR VEHICLES, Respondent. Kory Lawrence ERLAND PATTERSON, Moving Party And Appellant., 2009 WL 1635228 (Appellate Petition, Motion and Filing) (Cal.App. 1 Dist., May 07, 2009), Petition for Writ of Supersedeas, and Request for Immedia Te Stay, (No. A124652.)
...sample without [Officer Wayne's] activation of the manual mode. The results were .083 and .085.” [Exhibit 3 of Administrative Record - DUI Arrest and Investigation Report, page 3, lines 12-13--BATES STAMP p. 68]. Officer Wayne further acknowledged that Petitioner fully...
...20]. Petitioner was arrested after completing this breath-alcohol testing. [RT 8: 1-7; and Exhibit 3 of Administrative Record - DUI Arrest and Investigation Report, page 3, line 39--BATES STAMP p. 69]. Officer Wayne acknowledged that a subject who is...
...Test, and that if arrested he would be required to submit to a Chemical Test. [Exhibit 3 of Administrative Record - DUI Arrest and Investigation Report, page 3, line 39-40-BATES STAMP p. 69]. Later in the administrative hearing, Officer Wayne...
State of California and California Highway Patrol Officer Frank R. Lewis, Appellants and Cross-Respondents, v. Melisa CAMP, Respondent and Cross-Appellant., 2009 WL 1360167 (Appellate Brief) (Cal.App. 2 Dist., April 16, 2009), Appellants' Opening Brief, (No. B209176.)
...§ 821.6 Bars Liability For the Aggravation of Injury Caused by Conduct Incidental to Investigating the Driver for a DUI, Including Negligent Assessment and Negligently Ordering the Plaintiff to Leave Without a Prior Physical Examination 57 1. Gov. Code §...
...prior to the order to leave and his order to leave because such acts and omissions were incidental to a DUI investigation of the drunk driver 59 2. The trial court erred in concluding that asking plaintiff if she was injured and the order to leave were scene management and not conduct incidental to a DUI investigation 62 B. Gov. Code § 855.6 Bars This Action Because the Liability Was Based on Failing to Undertake...
...41 § 1799.107 39, 40, 47, 48, 53 § 1799.110 41 § 1799.111 41 Vehicle Code § 23152, subd. (a) 58 § 23153 58 TO: The Honorable Presiding Justice and Associate Justices of the Court of Appeal of...
In re Patricia KIMBELL, Petitioner, On Habeas Corpus., 2009 WL 1242535 (Appellate Petition, Motion and Filing) (Cal., April 07, 2009), On Habeas from the California Court of Appeal, (No. S171842.)
...of her conviction for assault on a peace officer ( Pen. Code § 245 ), driving under the influence ( Veh. Code § 23152 (a)), evading a police officer ( Veh. Code § 2800.2 (a)) and driving with a suspended license for prior DUI conviction ( Veh. Code § 16012 (a)). III. Petitioner appealed her conviction and sentence to the California Court of Appeal (2d...
...Counts 1 and 2 with assault on a peace officer ( Pen.Code § 245 ), driving under the influence ( Veh. Code § 23152 (a)), evading a police officer ( Veh.Code § 2800.2 (a)) driving with a suspended license for prior DUI conviction ( Veh. Code § 16012 (a)). Numerous priors were alleged, including one strike. The jury returned a verdict of guilty...
Steven MARLOWE, Plaintiff and Appellant, v. CALIFORNIA DEPT. OF MOTOR VEHICLES, Defendant and Respondent., 2009 WL 1387734 (Appellate Brief) (Cal.App. 1 Dist., April 2009), Appellant's Opening Brief, (No. A123327.)
...Payne v. Department of Motor Vehicles (1991) 235 Cal.App.3d 1514 5 Statutory authority CVC Section 13353 3 CVC Section 23152 2 CVC Section 23612 3 Other Authorities Compact Oxford English Dictionary, 3rd ed. 4 STATEMENT OF THE CASE This appeal...
...of Mandate, involves a single, dispositive issue of a “refusal” to submit to or complete a blood test in a DUI case. The record on appeal includes a DVD of the interview including the queries and requests by law enforcement on...
...Appellant had been driving under the influence of alcohol (CT 35-37). Accordingly, Appellant was arrested for violation of CVC 23152, and transported to the Danville Police Department. After arrival at the police station, Officer Henderson for the first time read...
In Re John H. TRAUTLOFF, on Coram Vobis and/or Habeas Corpus., 2009 WL 1043037 (Appellate Petition, Motion and Filing) (Cal., March 25, 2009), Reply to Second Informal Opposition to Petition for Writ of Error Coram Vobis and/or Petition for Writ of Habeas Corpus, (No. S160998.)
...192, subd. (c)(3) Passim Section 192.5, subd. (a) 4 Section 969b 2 Section 1265 6 Vehicle Code Section 23152 1, 3, 4, 6 Section 23152, subd. (a) 2 Section 23153 3,4 Section 23550.5 3, 5 Section 23550.5 , subd. (a)(3) 2, 3, 6...
...a violation of Penal Code section 192 , subd. (c)(1), then it could not elevate the current Vehicle Code section 23152 allegation to a felony. If so, then the instant offense would be a misdemeanor and the prior strike allegations would...
...Respondent does not controvert that there is no factual basis for petitioner's current conviction in violation of Vehicle Code sections 23152 , subdivision (a)/23550.5, subdivision (a)(3). By virtue of the documents in the record filed in conjunction with this...
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. Pablo Cuellar URIBE, Defendant and Appellant., 2009 WL 1498959 (Appellate Petition, Motion and Filing) (Cal., March 24, 2009), Petition for Review, (No. S171432.)
...12 Fourteenth Amendment 12 CALIFORNIA CONSTITUTION Article 1, Section 16 12 STATUTES Penal Code section 654 5 Vehicle Code section 23152 5 Vehicle Code section 23550 5 Vehicle Code section 23550.5 5 CALIFORNIA RULES OF COURT Rule 8.50 1...
...appellant PABLO CUELLAR URIBE with one count of driving under the influence of alcohol in violation of Vehicle Code section 23152 , subdivision (a) and with one count of driving with 0.08% or higher blood alcohol in violation of Vehicle Code section 23152 , subdivision (b). 1 CT 29-31 The prosecution also alleged appellant had suffered three prior “DUI” convictions pursuant to Vehicle Code sections 23550 and 23550.5 The prior convictions elevated appellant's offense to a felony. (1...
Paul CONNES, an individual, Plaintiff, v. STATE OF CALIFORNIA, Division of the California Highway Patrol; Officer T. Clark, an individual; Officer S. Addleman, and individual; and Does 1 through 10, inclusive, Defendants., 2009 WL 5066739 (Trial Motion, Memorandum and Affidavit) (N.D.Cal., March 20, 2009), Declaration of Michel Amaral in Support of Opposition to Motion for Summary Judgment or in the Alternative Summary Adjudication, (No. C-08-00663 RMW.)
...is part of the Manual and training of the CHP that an officer base their opinion to arrest a suspected DUI driver on the totality of the circumstances presented. It is important to note that a subject DOES NOT pass or...
...Clark's recommendation and the basis of the arrest, according to the Report, that Mr. Connes be charge in violation of 23152(a) VC which is a driver under the influence of Central Nervous System (“CNS”) stimulant(s) or violation of Section...
...Officer Clark did not have probable cause to arrest Mr. Connes on the side of the Freeway in violation of 23152(a) VC, DUI-Controlled Substance. I declare under penalty of perjury under the laws of the United States that the foregoing is true...
