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Legal Opinion

Quintana v. Municipal Court

California Court of Appeal

Decided June 2, 1987No. A036930PublishedCited by 11 opinions

1Opinion of the Court

Opinion

CHANNELL, J.

Petitioner challenges the constitutionality of Vehicle Code section 23159, 1 a statute enacted in 1985, which requires a period of confinement in county jail if a person convicted of driving under the influence of alcohol/drugs is also found to have willfully refused to take a test to determine the alcohol content of breath, blood or urine. 2

Petitioner was charged with one count of driving under the influence of alcohol. The complaint also alleged a prior driving under the influence conviction and a refusal to take a test within the meaning of section 23159. Petitioner…

2Cases cited16 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Hoffman v. United StatesSupreme Court of the United States · 1951
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. Spevack v. KleinSupreme Court of the United States · 1967
  5. MacKey v. MontrymSupreme Court of the United States · 1979

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

3Cited by11 opinions

  1. People v. JohnsonCalifornia Supreme Court · 1992
  2. DE JESUS VERDIN v. Superior Court of Riverside CountyCalifornia Supreme Court · 2008
  3. People v. HarrisAppellate Division of the Superior Court of California · 2014
  4. People v. MasonAppellate Division of the Superior Court of California · 2016
  5. People v. Arredondo, California Court of Appeal, 6th District2016

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

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