People v. Turntine (Cal. App. Dep’t Super. Ct., June 24, 2024, No. CA296018) 2024 WL 4143869 Summary: The trial court did not abuse its discretion in declining to exclude expert testimony of toxicologist who testified that all individuals were impaired for purposes of driving at .05% BAC; Statement of the…
Clarke v. Gordon (Cal. Ct. App., Sept. 12, 2024, No. G062856) 2024 WL 4163081, at *1 Summary: Clarke appeals from the judgment which denied his petition for a writ of mandate which challenged an administrative decision of the California Department of Motor Vehicles (DMV) to suspend his driver’s license. An…
THE PEOPLE, Plaintiff and Respondent, v. HAADI BOLOURCHI, Defendant and Appellant. (Cal. Ct. App., June 28, 2024, No. A167289) 2024 WL 3218945, at *1 Summary: Under Vehicle Code section 23612, subdivision (a)(1)(B), “A person who drives a motor vehicle is deemed to have given his or her consent to chemical…
People v. Meno (Cal. Ct. App., June 20, 2024, No. D081878) 2024 WL 3063112, at *1 Summary: Meno was convicted of two counts each of vehicular manslaughter while intoxicated with ordinary negligence (counts 1 and 2; Pen. Code § 191.5, subd. (b)), one count of driving under the influence of…
People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1 Summary: Barooshian was convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a…
Persiani v. Superior Court, 2024 WL 833043 (Cal.App. 4 Dist.), 1 Summary: A trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with driving under the influence. Persiani was charged in four misdemeanor cases…
The PEOPLE, Plaintiff and Respondent, v. Francisco Andres ALVAREZ, Defendant and Appellant. 2023 WL 9014911 (Cal.App. 4 Dist.), 1 Summary: In Mitchell v. Wisconsin (2019) 588 U.S. –––– [139 S.Ct. 2525] (Mitchell), the United States Supreme Court held when a “driver is unconscious and therefore cannot be given a breath…
People v. Suazo (Cal. Ct. Appl., Sept. 19, 2023, No. F082140) 2023 WL 6118736, at *1 Summary: Suazo while having an elevated blood-alcohol level, drove his 2008 Ford Focus at a high rate of speed off the highway, through a fence, and into agricultural equipment parked in an adjacent yard.…
THE PEOPLE, Plaintiff and Respondent, v. VONDETRICK CARR, Defendant and Appellant. (Cal. Ct. App., Apr. 7, 2023, No. E079368) 2023 WL 2820859, at *1 Summary: Carr drove drunk with four children in his car, hitting a pickup truck. One of the children was killed and Carr was convicted of second…
People v. Buchanan (Cal. Ct. App., Nov. 8, 2022, No. H049838) 2022 WL 16828900, at *1 Summary: The Sixth Amendment guarantees an accused in a criminal prosecution the right to a speedy trial. The issue is whether a person cited and released on a written promise to appear under Penal…