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Legal Opinion

DeWoody v. Superior Court

California Court of Appeal

Decided May 25, 1970No. Civ. 12610PublishedCited by 18 opinions

1Opinion of the Court

Opinion

FRIEDMAN, J.

Petitioner seeks a writ of prohibition to restrain the superior court from trying him on a felony charge of driving while under the influence of intoxicating liquor. (Veh. Code, § 23101.) He charges violation of his substantial rights through the ex post facto application of a new statute utilizing blood-alcohol test results as the basis of a presumption that he drove under the.influence of intoxicating liquor.

At its 1969 regular session, the Legislature adopted a bill to add section 23126 to the Vehicle Code, creating a presumption of driving under the influence of…

2Cases cited13 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. Beazell v. OhioSupreme Court of the United States · 1925
  3. Thompson v. UtahSupreme Court of the United States · 1898
  4. Thompson v. MissouriSupreme Court of the United States · 1898
  5. Jennings v. Superior CourtCalifornia Supreme Court · 1967

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

3Cited by18 opinions

  1. People v. JenningsCalifornia Supreme Court · 1988
  2. Commonwealth v. DiFrancescoSupreme Court of Pennsylvania · 1974
  3. People v. FitchCalifornia Court of Appeal · 1997
  4. Ackerman v. DelcomicoSupreme Court of Pennsylvania · 1984
  5. People v. HendersonCalifornia Court of Appeal · 1980

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

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