Legal Opinion

Department of California Highway Patrol v. Superior Court

California Court of Appeal

Decided January 4, 2008No. H029406PublishedCited by 8 opinions

1Opinion of the Court

Opinion

RUSHING, P. J.

Statement of the Case

Real party in interest Richard J. Quigley (Quigley) was given five citations by officers of the California Highway Patrol (CHP) for violating Vehicle Code section 27803, subdivision (b), which requires motorcycle drivers and then-passengers to wear safety helmets. At a hearing on nine such violations, including the five CHP citations, the court ruled that the five CHP violations were correctable, that is, ones for which correction citations or “fix-it” tickets could be issued. At a sentencing hearing on January 24, 2005, the court reiterated its…

2Cases cited26 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
  3. People v. ZapienCalifornia Supreme Court · 1993
  4. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  5. People v. HarrisonCalifornia Supreme Court · 1989

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3Cited by8 opinions

  1. City of Hollister v. Monterey InsuranceCalifornia Court of Appeal · 2008
  2. Jackpot Harvesting Co. v. Superior Court of Monterey Cnty., California Court of Appeal, 5th District2018
  3. People v. DunbarCalifornia Court of Appeal · 2012
  4. SIMPSON STRONG-TIE CO., INC. v. GoreCalifornia Court of Appeal · 2008
  5. Cal. Bldg. Industry Assn. v. State Water ResourcesCalifornia Court of Appeal · 2015

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