People v. Schrieber

Opinion

THOMPSON, J. *

Defendant herein was convicted by a jury in the Redding Justice Court of driving while under the influence of intoxicating liquor (Veh. Code, § 23102, subd. (a)). He appealed to the superior court which reversed the conviction. In its memorandum opinion, the court expressed the opinion that section 23126 of the Vehicle Code is unconstitutional and the instruction given the jury thereon was prejudicial. The case was thereafter certified to this court.

The facts of the case are classically typical of the customary drunk driving arrest, the alleged erratic driving first…