Legal Opinion
Burg v. Municipal Court
California Supreme Court
Decided December 22, 1983No. S.F. 24622PublishedCited by 171 opinions
1Opinion of the Court
Opinion
MOSK, J.
Richard Joseph Burg, hereafter defendant, appeals from a judgment denying his petition for a writ of prohibition. He contends that Vehicle Code section 23152, subdivision (b), 1 fails to give constitutionally adequate notice of the conduct it prohibits, and that the municipal court erred in overruling his demurrer to that eifect. We conclude that section 23152, subdivision (b), is constitutional, and therefore affirm the judgment.
Defendant was arrested at 2:25 in the morning of March 27, 1982, for violation of section 23152, subdivision (a) (driving while under the influence of…
2Cases cited54 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Kolender v. LawsonSupreme Court of the United States · 1983
- United States v. HarrissSupreme Court of the United States · 1954
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3Cited by171 opinions
- People v. KellyCalifornia Supreme Court · 1992
- Fisher v. City of BerkeleyCalifornia Supreme Court · 1984
- Forte v. StateCourt of Criminal Appeals of Texas · 1986
- People v. CantyCalifornia Supreme Court · 2004
- Walker v. Superior CourtCalifornia Supreme Court · 1988
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