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Legal Opinion

Gilbert v. Municipal Court

California Court of Appeal

Decided September 27, 1977No. Civ. 17651PublishedCited by 25 opinions

1Opinion of the Court

Opinion

THE COURT.

In this case we hold that Vehicle Code section 23105 (driving under the influence of a drug) is not a special statute which supplants and precludes the provisions of Health & Safety Code section 11550 (use and being under the influence of a controlled substance or a narcotics drug). Additionally, we discuss the disturbing trend of the use of extraordinary writs to circumvent the usual appeal process from municipal courts.

I

Swann-Gilbert Rule

Petitioner was driving a motor vehicle upon a public highway. He was arrested and charged with violation of Vehicle Code section 23105 and…

2Cases cited9 opinions

  1. People v. GilbertCalifornia Supreme Court · 1969
  2. People v. HaeusslerCalifornia Supreme Court · 1953
  3. People v. RusterCalifornia Supreme Court · 1976
  4. Bloom v. Municipal CourtCalifornia Supreme Court · 1976
  5. People v. SwannCalifornia Court of Appeal · 1963

4 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Burg v. Municipal CourtCalifornia Supreme Court · 1983
  2. People v. CantyCalifornia Supreme Court · 2004
  3. Jensen v. BMW of North America, Inc.California Court of Appeal · 1995
  4. People v. McGuireCalifornia Court of Appeal · 1993
  5. Andrus v. Municipal CourtCalifornia Court of Appeal · 1983

20 more not listed; retrieve them via the Exa API.

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