The following are selected excerpts from actual California DUI cases provided in order to educate you about the DUI legal process. If you any questions regarding your San Francsico DUI case, feel free to contact the attorneys at the California Legal Team.
Linda VALENCIA, An Unmarried Woman, Plaintiff, v. CHASE INSURANCE LIFE and Annuity Company, a foreign corporation; Nicole C. Starks and John Doe Starks, wife and husband; Family Direct Insurance Services, Inc., a foreign corporation; XYZ Corporations I-X; John and Jane Does I-X, Defendants. PROTECTIVE LIFE INSURANCE COMPANY, Counterclaimant, v. Linda VALENCIA, in her individual capacity and as Personal Representative of the Estate of Arthur Valencia,, 2008 WL 4660533 (Trial Pleading) (D.Ariz., May 23, 2008), Plaintiff/counter- Defendant's Answer to Counterclaim of Defendant Chase Insurance Life and Annuity Company, (No. 208CV00801.)
...Direct Insurance Services. 8. Plaintiff admits that Arthur Valencia pled nolo contendere to a violation of California Vehicle Code § 23152 (b), driving with a blood alcohol concentration exceeding 0.08 percent, a misdemeanor offense, on May 22, 2000, in the...
...allegations in Paragraph fifteen of Chase Life's Counterclaim. Plaintiff and/or Mr. Valencia informed Defendant Starks of Mr. Valencia's prior DUI conviction at a time that Defendant Starks was acting as the actual or ostensible agent of Chase Life. 16. Plaintiff...
Forrester v. People of the State of California, 2008 WL 2185723 (Appellate Petition, Motion and Filing) (U.S., May 19, 2008), Petition for Writ of Certiorari, (No. 07-1456.)
...3d 1222 13 Weaver, v. Graham (1981) 450 U.S. 24 8 Statutes CALIFORNIA VEHICLE CODE § 23103.5 4 § 23152 4 § 23546 4, 12 Constitutional Provisions U.S. Constitution Article 1, Section 9 1 U.S. Constitution Article 1, Section 10...
...539 U.S. 607 which ruled that a statute of limitations could not be revived. Petitioner was charged with violating California's DUI statute (VC§23152) including allegations of two prior violations of similar offenses (“wet reckless” under VC§23103.5) in January of 1997...
...2001. The use of the 1997 prior as an enhancement is the central focus of this Writ. In January 1997, DUI offenders were exposed to an enhancement for 7 years pursuant to California VC§23546. Effective September 20, 2005, the statute was...
In Re Jeffrey PERROTTE, Petitioner, For Writ of Habeas Corpus., 2008 WL 2460577 (Appellate Petition, Motion and Filing) (Cal., May 19, 2008), Petition for Review, (No. S163751.)
...Statutes Pen.C. § 190.2 23 Pen.C. § 415 7 Pen.C. § 417 7 Pen.C. § 532 7 Veh.C. § 23152 7 TO THE HONORABLE Ronald M. George, Chief Justice, and THE HONORABLE Associate Justices of the California Supreme Court: Petitioner...
...for obtaining money by false pretenses ( Pen.C. §532 ) for which a five-year probation term was imposed; and a 1992 DUI ( Veh.C. § 23152 (a)) for which a suspended jail term with a 3-year probation and drivers school were imposed for a first DUI offense. [FN3] (Exhibit A, pp. 42-47.) FN3. The notion that Mr. Perrotte's driver's license had been suspended at the...
...dangers of drinking and driving, served as Mentor of the Substance Abuse Program, assisted in developing curricula for the State's DUI schools, and has designed a popular interactive website aimed at reducing traffic deaths due to drinking and driving: drinkdriveprison.com. His...
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Ray AGUILAR-RODRIGUEZ, Defendant-Appellant., 2008 WL 2559107 (Appellate Brief) (C.A.9, May 19, 2008), Appellant's Opening Brief, (No. 07-50477.)
...9 Standard of Review 9 I. The District Court Erred in Assessing Two Criminal History Points for Mr. Aguilar-Rodriguez's DUI Sentences Because those Sentences were For Conduct that was “Part of the Instant Offense” 10 A. The Sentences for Mr. Aguilar-Rodriguez's DUI Convictions Were Not “Prior Sentences” Under the Sentencing Guidelines because they were for Conduct that was “Part of the Instant...
...I.Did the district court err in assessing two criminal history points for the sentences imposed following Mr. Aguilar-Rodriguez's state DUI convictions, where the DUI offenses occurred during the commission of, and were thus “part of the instant offense” of being found in the United States, in violation of 8 U.S.C. § 1326 II. In the alternative, if this Court finds that the DUI offenses were not “part of the instant offense” of being present in the country in violation of 8 U.S.C. §...
...on probation when he illegally reentered the country, but was placed on probation thereafter and as a result of the DUI offenses? Statement of the Case Statement of Jurisdiction On October 22, 2007, the Honorable R. Gary Klausner, United States District...
Leslie FOX, Plaintiff and respondent, v. George VALVERDE, as Director, Department of Motor Vehicles, et al., Defendants and appellants., 2008 WL 2771984 (Appellate Brief) (Cal.App. 6 Dist., May 15, 2008), Amicus Curiae Brief of California Dui Lawyers' Association in Support of the Plaintiff and Respondent, Leslie Fox, (No. H031886.)
...15, 2008. Santa Cruz County Superior Court No. CV156123 the Honorable Paul R. Burdick, Judge Amicus Curiae Brief of California Dui Lawyers' Association in Support of the Plaintiff and Respondent, Leslie Fox California Dui Lawyer's Assoc., Ronald A. Jackson , 2100 Goodyear Avenue, Suite 11, Ventura, CA 93003, Voice (805) 650-858, Fax (805) 650...
...made in reliance on the word count of the computer program used to prepare the Brief of Amicus Curiae California DUI Lawyers' Association. PREFATORY STATEMENT The DMV suspended the respondent's driving privilege after his arrest and the Administrative Per Se hearing...
...that adequately identifies the person, a statement of the officer's grounds for belief that the person violated Section 23136, 23140, 23152, or 23153 [Emphasis added.] The statute specifically uses the word “shall,” which ordinarily connotes a mandatory, rather than directory or...
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Rafael Guillermo RODRIGUEZ-MARTINEZ, Defendant-Appellant., 2008 WL 2446764 (Appellate Brief) (C.A.9, May 07, 2008), Governmet's Answering Brief, (No. 07-50422.)
...3 2. Procedural History 3 III SUMMARY OF ARGUMENT 13 IV ARGUMENT 15 A. STANDARD OF REVIEW 15 B. DEFENDANT'S DUI CONVICTION -- WHICH WAS DISTINCT AND UNRELATED TO THE INSTANT SECTION 1326 OFFENSE -- CONSTITUTES CRIMINAL HISTORY RATHER THAN “RELEVANT” OFFENSE CONDUCT...
...Cal. Health & Safety Code § 11351.5 3 Cal. Penal Code § 245 (a)(2) 3 Cal. Vehicle Code § 23152 (B) 3 FEDERAL RULES: Fed. R. App. P. 4(b) 3 Fed. R. Crim. P. 11(c) (1) (C) 4...
...ER 70, 114, 117-18, 129-30). Defendant was then arrested on May 6, 2007, for driving under the influence (“DUI”), Cal. Vehicle Code § 23152 (B). (PSR ¶ 7). On May 11, 2007, Immigration and Customs Enforcement (“ICE”) discovered defendant in custody. (RT 7/11...
PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff-Responden, v. Timothy WHELAN, Defendant-Appellant., 2008 WL 2558107 (Appellate Petition, Motion and Filing) (Cal., May 02, 2008), Petition for Review After the Unpublished Decision of the Court of Appeal, Second Appellate District, Division Five Affirming the Judgment of Conviction, (No. S163557.)
...DETERMINE WHETHER TRIAL DEFENSE COUNSEL WAS INEFFECTIVE IN FAILING TO REQUEST AN INSTRUCTION LIMITING THE JURY'S CONSIDERATION OF APPELLANT'S PRIOR DUI CONVICTION 8 IV. REVIEW SHOULD BE GRANTED TO DETERMINE WHETHER THE TRIAL COURT ERRED AND VIOLATED APPELLANT'S RIGHT TO DUE...
...rule 8.504 15 California Vehicle Code § 21658 11 § 22107 11 § 22349 11 § 22350 11 § 23152 5 TO: THE HONORABLE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE STATE OF CALIFORNIA: Pursuant to...
...allowed the prosecution to introduce appellant's prior 1988 conviction for driving under the influence, in violation of Vehicle Code section 23152 , subdivision (a). (6RT 3706, 3710.) Appellant believes this was error and that it violated his right to due process. “An...
