The following are excerpts taken from real DUI cases in California courtrooms. If you need legal assistance with your DUI charges, contact the Orange County felony DUI defense attorneys at the California Legal Team.
Evaristo BECERRIL and Silvia Becerril, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent., 2008 WL 5076712 (Appellate Petition, Motion and Filing) (C.A.9, October 16, 2008), Brief for Respondent, (No. 07-71290.)
...for the date of January 17, 1995, of charges under “245(A)(1)PC” with a disposition of 36 months probation, “23152(A)VC” with a disposition of “fined,” and “23152(B)VC” with a disposition of “20 days jail.” [FN6] A.R. 367. The immigration judge asked Mr. Becerril whether “this document...
...Ms. Becerril's “immediate recantation” of her offense qualified her for cancellation of removal. Ibid. Petitioners' appeal brief argued that “[s]imple DUI” is not a ground of inadmissibility and that battery is not a crime involving moral turpitude. A.R. 39. It repeated...
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and respondent, v. David Allen MEYERS, Defendant and appellant., 2008 WL 4967871 (Appellate Petition, Motion and Filing) (Cal., October 14, 2008), Appellant's Petition for Review, (No. S167507.)
...1203 3 section 1385 4, 15 section 12021 3 section 12022.5 3, 4 section 12316 3 Vehicle Code section 23152 9 PETITION OF APPELLANT FOR REVIEW AFTER THE UNPUBLISHED DECISION OF THE COURT OF APPEAL, FOURTH APPELLATE DISTRICT, DIVISION ONE...
...§ 337a]; 3) 1993, a misdemeanor conviction of driving with 0.08% or more of blood alcohol [ Veh. Code § 23152 , subd. (b)]; 4) 1994, the prior “strike” offense, described above; 5) 1998, a misdemeanor conviction of driving under the influence of alcohol [ Veh Code § 23152 , subd. (a)]; 6) 2006, the current offense. (C.T. pp. 28-30.) 3. Defense evidence presented at sentencing in support of...
...associated with appellant is his alcohol abuse, which is entirely subject to treatment. Appellant remained crime free from his 1998 DUI offense to the current offense, an extended period of time during which he remained sober. (C T. p. 83.) Dr...
Abhinav BHATNAGAR, Plaintiff, v. Jason INGRASSIA, individually and in his official capacity; County of Contra Costa; and City of San Ramon, Defendants., 2008 WL 7243773 (Trial Motion, Memorandum and Affidavit) (N.D.Cal., October 09, 2008), Defendant Ingrassia's Memorandum of Points and Authorities in Support of Notice of Motion to Compel Further Responses at Deposition by Witness Garrido, (No. C07-02669 CRB EDL.)
...Police in San Ramon in relation to her criminal client, Plaintiff Bhatnagar (“Plaintiff”) for a pending driving under the influence (“DUI”) matter she was defending on Plaintiff's behalf. Per Plaintiff's authorization and on his behalf, Ms. Garrido wrote a letter of...
...Chief of Police of the City of San Ramon, regarding claimed improper conduct by Ingrassia, the arresting deputy for the DUI. Garrido also referenced such claimed improprieties by Ingrassia in an affidavit she submitted in this action. Now, when Defendants seek...
...This litigation stems from two traffic arrests of the Plaintiff by Deputy Ingrassia. One arrest occurred on May 20, 2006 (DUI arrest), and the other one was on September 29, 2006 (traffic citation). On May 20, 2006, Ingrassia, who was working...
Johnny SILVA, an individual and minor, by and through his guardian ad litem, Luis Silva, Plaintiff, v. Franklin WHITE, an individual, William Lansdowne, an individual, San Diego Police Department, City of San Diego, and Does 1 - 20, Defendants. And Related Cross Action., 2008 WL 7257268 (Trial Motion, Memorandum and Affidavit) (S.D.Cal., October 03, 2008), Defendants, City of San Diego, San Diego Police Department, Franklin White, and William Lansdowne's Motion to Stay Pending Related Criminal Case, (No. 08cv0891 JAH (POR).)
...present in the civil case. RACHEL SILVA was charged with: Penal Code § 273 - Child Endangerment California Vehicle Code § 23152 (a) - Driving Under the Influence California Vehicle Code § 23152 (b) - Driving at .08 alcohol or higher California Vehicle Code § 14601.2 (a) - Driving when privilege suspended for prior DUI California Vehicle Code § 14601.1 - Driving when privilege suspended or revoked California Vehicle Code § 23222 (b) - Possession of...
Carl KUTTER, Appellant, v. George VALVERDE, Director of the California Department of Motor Vehicles, Respondents., 2008 WL 5011917 (Appellate Brief) (Cal.App. 4 Dist., September 25, 2008), Appellant's Opening Brief, (No. G040464.)
...Code of Civil Procedure § 1095.5(a) 10 Government Code §800 10 Vehicle Code § 13559 4, 9 § 23152 2, 5, 8 § 23152(b) 2, 5 TO THE HONORABLE PRESIDING JUSTICE AND HONORABLE ASSOCIATE JUSTICES OF THE COURT OF APPEAL OF THE STATE...
...made aware that the police arrived, he approached the police and told them what had happened. The police initiated a DUI investigation, and ultimately arrested Appellant for an alleged violation of California Vehicle Code §23152 (DUI). The criminal case was dismissed. The DMV suspended Appellant's license under our administrative laws. The DMV failed to present a...
Kendall WHITE, Petitioner and Appellant, v. George VALVERDE, Director of the California Department of Motor Vehicles, Respondent., 2008 WL 5011865 (Appellate Brief) (Cal.App. 4 Dist., September 19, 2008), Respondent's Brief & Certificate of Compliance à Cal. Rules of Court, rule 8.204 (c)(1)¨, (No. G039926.)
...§ 664 18, 19 Veh. Code § 13353 9, 10, 11 § 13353 , subdivision (a) 9 § 23140 9 § 23152 9 § 23153 9 § 23157, subdivision (a)(5) 19 § 23612 9, 19, 21 § 23612, subdivision (a)(1...
...Officer's Statement DS-367, the Administrative Per Se Suspension/Revocation Order and Temporary Driver License, the Santa Ana Police Department DUI Arrest Report, the Traffic Collision Report, and Hite's driving record. (CT 000025-000042.) Hite's counsel introduced three photographs of the...
...the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, and that the person had refused to submit to, or did not complete, the test or tests after...
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and respondent, v. Timmie Lance MCNEAL, Defendant, appellant, and petitioner., 2008 WL 4736271 (Appellate Brief) (Cal., September 12, 2008), Defendant's Reply Brief On the Merits, (No. S157565.)
...23, Inc. (1996) 42 Cal.App.4th 507 11 STATUTES Evidence Code Section 210 10 Section 454 12 Vehicle Code Section 23152, subdivision (a) ((a)-count) passim section 23152, subdivision (b) ((b)-count) passim section 23610, subdivision (a)(3) passim section 23610 subdivision (b) passim section 23610, subdivision (c...
...the requirement defendants actually be “under the influence” even though the prohibited behavior is being “under the influence.” [FN2] (§ 23152, subd. (a); see MCB 38-39.) FN2. See Argument I(B), post. As every argument in the district attorney's brief...
...its own language applies only in (a)-count cases and as the redefinition of the (b)-count offense in section 23152 achieves the simplification, regardless of section 23610. The district attorney also is incorrect defendant's interpretation makes section 23610, subdivision (b...
