Legal Opinion · Concurrence

People v. Huffman

Appellate Division of the Superior Court of California

Decided November 22, 2000No. CR.A. 3643Published

1ConcurrenceElwell, P. J.

concur with the result, but not entirely with the majority’s reasoning. I would hold the record fails to support a conviction under Vehicle Code section 22350 because the record contains no evidence showing defendant drove “at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway,” or “at a speed which endangers the safety of persons or property” as explicitly required by the statute. In my view, when the People choose to charge solely under section 22350, they assume the burden of proving defendant’s…

2Cases cited1 opinion

  1. People v. BehjatAppellate Division of the Superior Court of California · 2000

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