STATE OF ARIZONA, Appellee, v. Sheila GOLF, Appellant., 2008 WL 2862241 (Appellate Brief) (Ariz.App. Div. 1, June 23, 2008), Appellants' Reply Brief, (No. 1 CA-CR 07-0524.)
...§ 28-1383 4 A.R.S. § 28-1383 (A)(2) 1 A.R.S.§§ 28-1381 4 California Vehicle Code § 23152 (A) 3 RULES Rule 803(8), Arizona Rules of Evidence 10 ARGUMENT I. THE STATE DID NOT PROVE BEYOND A...
...IN CONVICTION IN THIS STATE The State urges that the resolution of this issue is simple because the elements of DUI in Arizona and in California are essentially the same. However, that is not what the Arizona statute requires the State...
...the elements of the foreign statute is not enough. If those acts are not sufficient to convict a defendant of DUI under Arizona law, then the State has failed to meet its burden of proof and the Court must enter a judgment of acquittal. Thus, the State's focus on the elements of the California DUI statute is misplaced. Here, the only evidence of the acts of Defendant for which she was allegedly convicted in California...
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Federico Franco - VASQUEZ, Defendant-Appellant., 2008 WL 2862116 (Appellate Brief) (C.A.9, June 10, 2008), Government's Answering Brief, (No. 07-50568.)
...2. Procedural History 3 III SUMMARY OF ARGUMENT 6 IV ARGUMENT 9 A. STANDARD OF REVIEW 9 B. DEFENDANT'S 2007 DUI CONVICTION -- WHICH WAS DISTINCT AND UNRELATED TO THE INSTANT SECTION 1326 OFFENSE -- CONSTITUTES CRIMINAL HISTORY RATHER THAN “RELEVANT” OFFENSE CONDUCT...
...a) 4 Cal. Penal Code § 602 (L) 4 Cal. Penal Code § 10851 (A) 4 Cal. Vehicle Code § 23152 (B) 3, 4 FEDERAL RULES: Fed. R. Crim. P. 11(c) (1) (C) 3 SENTENCING GUIDELINES: USSG § 1B1.3...
...permission. (ER 74). Thereafter, on May 27, 2007, defendant was arrested for, and ultimately convicted of, driving under the influence (“DUI”), Cal. Vehicle § 23152 (B) . (PSR ¶ 8). Immigration and Customs Enforcement (“ICE”) discovered defendant on May 28, 2007. (ER 85). 2. Procedural History...
Dodi EKLUND, Plaintiff, v. COUNTY OF ORANGE; Orange County Sheriff's Department; Orange County Deputy Sheriff, Moldenhauer, # 3648; Orange County Deputy Sheriff, Hahn, # 5060; Orange County Deputy Sheriff, SGT., G. Pepe, # 972; Orange County Sheriff's Dept. CSO, M. Fouste, # 3602; and Does 1 through 10, Inclusive., 2008 WL 6919741 (Trial Pleading) (C.D.Cal., June 09, 2008), First Amended Complaint for Damages 1. Deprivation of Civil Rights Under Color of Law (42 USC || 1983); 2. Deprivation of Civil Rights Under Color of Law (Monell Claim) (42 USC || 1983); 3. Assault (Civil Code || 3333 & 3294); 4. Battery (Civil Code|| 3333 & 3294); 5. Negligence (Civil Code | 3333; 6. Intentional Infliction of Emotional Distress (Civil Code || 3333, 3294); 7. Negligent Infliction of Emotional Distress (Civil Code | 3333), (No. SACV08-00099 DOC (RNBx).)
...times herein mentioned, plaintiff was a resident of the State of California, County of Orange, and under arrest as a DUI suspect by deputies of the Orange Count Sheriff's Department, County of Orange, State of California. 4. Defendant, COUNTY OF ORANGE...
...alcohol and called for backup;, whereupon defendant OCSD Deputy MOLDENHAUER, arrived at the scene and arrested the plaintiff for a DUI. 12. Prior to the arrival of defendant, Deputy MOLDENHAUER, plaintiff was cooperating with CSO FOUSTE and was sitting quietly on...
...While in the detention cell, an Orange County Blood technician arrived to extract a blood sample as part of a DUI arrest procedure; however, plaintiff refused to cooperate an no blood test was taken. Accordingly, no chemical evidence of blood alcohol...
Philip Feng MING KUO, Petitioner, v. DEPARTMENT OF MOTOR VEHICLES OF THE STATE OF CALIFORNIA, Respondent., 2008 WL 4416437 (Trial Pleading) (Cal.Superior, June 07, 2008), Petition for Alternative Writ of Mandamus and Application for Stay (C.C.P. |1094.5; Veh. C. |13559), (No. RG06273544.)
...Costa, petitioner was detained by Officers of the Moraga Police Department, and arrested for a violation of Vehicle Code Section 23152 Petitioner chose to take a breath test. The aforesaid test registered a .09 and a .09 Blood Alcohol Level. Upon...
...transcript is attached hereto and incorporated by reference and labeled Exhibit “G” Refer specifically to page 2, lines 21 - 24). DUI charges were dismissed and Petitioner pled to a “Dry Reckless” a violation of Vehicle Code Section 23103 10. Petitioner is...
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, Respondent, and Petitioner, v. Timmie Lance MCNEAL, Defendant, Appellant, and Petitioner., 2008 WL 2477865 (Appellate Brief) (Cal., June 02, 2008), Defendant's Combined Opening Brief On the Merits and Answer Brief On the Merits, (No. S157565.)
...a) 45 section 1101, subdivision (b) 45 Penal Code section 654 45 Vehicle Code section 21453, subdivision (a) 7 section 23152 16 section 23152, subdivision (a) passim section 23152, subdivision (b) passim section 23153, subdivision (a) 26 section 23155 41, 66 section 23610 passim section 23610, subdivision (a)(3...
...between the admissibility of general partition ratio evidence and personal partition evidence, to exclude the former as inadmissible in generic DUI cases? 2. If there is no basis upon which to divide partition ratio evidence into two categories of evidence, was...
...What standard of prejudice is to be applied where the trial court errs in excluding partition ratio evidence in generic DUI cases? If the standard of prejudice is measured under People v. Watson (1956) 41 Ca.2d 818, 836, was error harmless in this case? Issue from District Attorney's Petition for Review 1.Is personal partition ratio evidence relevant at DUI trials charging violation of Vehicle Code § 23152 (a) where the presumption of Vehicle Code § 23610 is invoked, despite the statutory partition ratio, its pertinent legislative history...
In re the Marriage of: Petitioner: Brion APPLEGATE, Appellant, Respondent: Patricia APPLEGATE, Respondent., 2008 WL 3489069 (Appellate Brief) (Cal.App. 4 Dist., June 2008), Appellant's Opening Brief, (No. D052030.)
...6389 22 section 7820 26 section 7824, subdivisions (a) and (b)(1) 26 Vehicle Code section 23103.5 54 section 23152, subdivision (a) 54 section 23152, subdivision (b) 54 California Rules of Court Rule 8.252 (c)(1) and (c)(3) 6 Other Authorities 5 Witkin...
...to prove she is an incorrigible alcoholic who drinks to abandon and (ii) Brion would act obsessively to secure a DUI against Patty unless the court ordered the surveillance to stop. (AA 280:4-8,280:14-15.) Patty accused Brion of...
...in a potentially harmful personal legal situation. [FN6] (AA 280:4-8,280:14-18.) FN6. How anyone could “secure a DUI” against Patty is a mystery. Unless Patty drove while she was under the influence of alcohol, she had no reason...
In re the Marriage of: Petitioner: Brion APPLEGATE, Appellant, Respondent: Patricia APPLEGATE, Respondent., 2008 WL 3489069 (Appellate Brief) (Cal.App. 4 Dist., June 2008), Appellant's Opening Brief, (No. D052030.)
...6389 22 section 7820 26 section 7824, subdivisions (a) and (b)(1) 26 Vehicle Code section 23103.5 54 section 23152, subdivision (a) 54 section 23152, subdivision (b) 54 California Rules of Court Rule 8.252 (c)(1) and (c)(3) 6 Other Authorities 5 Witkin...
...to prove she is an incorrigible alcoholic who drinks to abandon and (ii) Brion would act obsessively to secure a DUI against Patty unless the court ordered the surveillance to stop. (AA 280:4-8,280:14-15.) Patty accused Brion of...
...in a potentially harmful personal legal situation. [FN6] (AA 280:4-8,280:14-18.) FN6. How anyone could “secure a DUI” against Patty is a mystery. Unless Patty drove while she was under the influence of alcohol, she had no reason...
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and respondent, v. Jason C. SMALL, Defendant and appellant., 2008 WL 2755950 (Appellate Petition, Motion and Filing) (Cal., May 28, 2008), Petition for Review, (No. S163914.)
...the gray SUV. Petitioner was charged with, and pleaded not guilty to, driving under the influence ( Cal. Pen. Code Sec. 23152 (A)), driving with a blood alcohol concentration of .08 percent or more ( Cal. Pen. Code Sec. 23152 (b)), and misdemeanor hit and run ( Cal. Pen. Code Sec. 20002 (A)). Petitioner filed a motion to suppress evidence under...
...and do not hold--that the police may enter a home without a warrant to effect an arrest of a DUI suspect in every case.” People v. Thompson, supra., @ 827. (italics in original). This case falls within this exception in Thompson...
...a generalized fear that evidence might be lost if they delay.” People v. Loving, (Iowa 2004) 675 NW 2d 557; [DUI can support a warrantless entry if there are exigent circumstances other than destruction of evidence.]). The Court of Appeals in...
