The following are selected excerpts from real DUI cases tried in courtrooms across California. If you have been charged with a DUI in the Long Beach area, feel free to browse through these examples and contact the attorneys at the California Legal Team with any questions.
Paul POLITZER, Plaintiff, v. CALIFORNIA HIGHWAY PATROL; Richard Castillejos; Michael Edwards, Defendants., 2009 WL 4702262 (Trial Motion, Memorandum and Affidavit) (S.D.Cal., March 18, 2009), Defendants' Motion for Partial Summary Judgment on Second Cause of Action, (No. 07-cv-00457-DMS-AJB.)
...and MICHAEL EDWARDS for an alleged violation of his civil rights arising from his arrest for driving under the influence (DUI) on or about March 10, 2005. In his first cause of action, plaintiff claims he suffered cruel and unusual punishment...
...the California Highway Patrol on March 10, 2005, at approximately 11:00 a.m., on suspicion of driving under the influence (DUI). (Complaint (“Compl.”), at 3) A series of field sobriety tests were administered by the defendants in this action, CHP officers Richard Castillejos, a training officer, and Michael Edwards, the supervising officer. Ibid . Plaintiff was placed under arrest for DUI and subsequently transported to the San Diego County Jail for a chemical test. (Compl., at 4) Plaintiff claims he was...
...which was a violation of his due process rights. Ibid A criminal complaint was filed against plaintiff charging him with DUI, a violation of California Vehicle Code section 23152 , subdivisions (a) and (b). Request for Judicial Notice (RJN), (Ex. A) Prior to the criminal trial, the court held a...
Paul CONNES, an individual, Plaintiff, v. STATE OF CALIFORNIA-CALIFORNIA HIGHWAY PATROL; Officer T. Clark, an individual; Officer S. Addleman, an individual, Defendants., 2009 WL 5066737 (Trial Motion, Memorandum and Affidavit) (N.D.Cal., March 10, 2009), Notice of Motion and Motion for Summary Judgment or, in the Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support, (No. C 08-00663 RMW.)
...8 21-23 § 851.8(a) 21 § 851.8(b) 2, 4, 21, 22 California Vehicle Code § 23152 5, 13, 17 § 23153 5, 17 § 40300.5 14, 15 Court Rules Federal Rules of Civil Procedure rule...
...a. A continuous and vigilant enforcement effort shall be directed toward the detection and apprehension of persons who may be DUI. b. Officers shall investigate all incidents involving suspected DUI drivers and shall physically arrest all persons in violation of Section 23152/23153 VC, and all applicable subsections as prescribed by law and in accordance with this manual... CHP DUI Enforcement Manual attached as Exhibit B to the Declaration of Officer Aaron Rohner (“Rohner Declaration”), HPM 70.4, p. 4...
...phase process: vehicle in motion; personal contact; pre-arrest screening. (Rohner Declaration, ¶ 7.) The CHP's Driving Under the Influence (“DUI”) Enforcement Manual states that when a report is received from a witness of a driver driving his or her vehicle...
Ronald Alan LEE, Plaintiff-Respondent, v. George VALVERDE, Director of the Department Motor Vehicles; and D. Michelle Brooks, Hearing Officer of the Department of Motor Vehicles, Defendants-Appellants., 2009 WL 1094015 (Appellate Brief) (Cal.App. 4 Dist., March 04, 2009), Appellant's Opening Brief, (No. E046731.)
...and Safety Code § 436.50 13 Vehicle Code Section § 13353.2 (a)(1) 8 § 13558 6 § 23152 5 § 23612 (g)(1) 15 OTHER AUTHORITIES California Code of Regulations, Title 17 Regulation 1215 13, 16 Regulation 1216...
...California Vehicle Code (“Vehicle Code”), suspended Respondent's driving privilege based on a determination that he was driving under the influence (“DUI”). Respondent's suspension was supported by a certified copy of a Report on the Receipt of Examination of Ethyl Alcohol (“Forensic...
...license revealed that it had been suspended on October 2, 2006, for refusing to submit to chemical testing following a DUI arrest. (AR 013.) Officer Burke then requested that Respondent perform a series of field sobriety tests. (AR 013.) Respondent failed...Jesse BALDAIN, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent, THE PEOPLE, Real party in interest., 2009 WL 408097 (Appellate Petition, Motion and Filing) (Cal., January 16, 2009), Petition for Review, (No. S169756.)
...suffering under a “sentence” of “five years probation,” the imposition of a $1,760 fine, and mandatory attendance at level two DUI school. Second, recognizing the inadequacy of any post-conviction legal remedy, Petitioner duly sought review by way of peremptory writ...
...Court, Wiley W. Manuel Courthouse, action number 541395, entitled, People v. Jesse Baldain, charging Petitioner with misdemeanor violations of sections 23152(a) and 23152(b) of the Vehicle Code , occurring on or about May 10, 2008. An excessive blood alcohol concentration clause was also...
...Appeal as Exhibit P.) XV. On December 22, 2008, the jury returned a verdict of guilty for violations of sections 23152(a) and 23152(b) of the Vehicle Code against Petitioner and found true the excessive blood alcohol concentration allegation. (A certified copy of...
Hector Vargas CORONA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent., 2008 WL 5611151 (Appellate Petition, Motion and Filing) (C.A.9, December 22, 2008), Petitioner's Opening Brief, (No. 08-71659.)
...Vehicle Code section 20001 Felony Hit and Run. On October 10, 1989, he was convicted of violating Vehicle Code section 23152(b) DUI / BAC .08% or more and Vehicle Code section 20002 (a) / Hit and Run -Property Damage. (AR 159) The Service terminated...
Ramon Mondragon - RODRIGUEZ, AXX-XXX-XXX, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent., 2008 WL 5550325 (Appellate Petition, Motion and Filing) (C.A.9, December 09, 2008), Brief for Respondent, (No. 07-73854.)
...Mondragon's counsel submitted a “Brief to Judge Banks” in which she argued: that Mondragon's “prior conviction for California Vehicle Code 23152 (B) is no longer [an] aggravated felony; that the Immigration Judge could “overrule the decision of the prior Immigration Judge...
...the Board on February 7, 2006. A.R. 14-19. In his notice of appeal, Mondragon raised three contentions: that his “DUI conviction from 1996 is no longer an aggravated felony;” that the Immigration Judge “did have authority to overrule the decision...
Abhinav BHATNAGAR, Plaintiff, v. Jason INGRASSIA, County of Contra Costa, and City of San Ramon, Defendants., 2008 WL 7243788 (Trial Motion, Memorandum and Affidavit) (N.D.Cal., November 25, 2008), Defendant County of Contra Costa and Defendant City of San Ramon's Second Motion in Limine - to Exclude Evidence and Argument Relating to the Document, ""Administrative Per Se Notice of Failure to File Criminal Charges'', (No. CV07-02669 CRB.)
...Vehicle Code, sections 13353.2 (e) and (f), when a person is charged with an offense under Vehicle Code section 23152 (the DUI statute), a person has a renewed right to request a hearing if charges are not filed by the District Attorney...
...officer at the time of the arrest. (CITE) Since this document was not issued until after the dismissal of the DUI case against Bhatnagar, this document is not relevant to the question of malicious prosecution. There is no basis for the...
...document provided to Mr. Bhatnagar by the prosecuting agency to document the agency's decision not to go forward with the DUI prosecution following the November 27th ruling by Judge Treat excluding the evidence of the DUI from the case on the grounds of an “illegal stop.” It is merely a recitation of the opinions of the judge in the underlying motion proceeding. The favorable termination of the DUI proceeding is not in dispute. The deputy i district attorney's statement is clearly an out-of-court statement offered to...
