Joseph v. Superior Court

Opinion

EPSTEIN, J.

In these consolidated writ proceedings we conclude that first offense driving under the influence cases are subject to the Vehicle Code section 41500 prohibition against prosecution of offenses pending when a defendant is committed to the custody of the Director of Corrections, unless the complaint alleges that the offense took place in a vehicle which requires a class 1 or class 2 license to operate. We also determine that section 41500 applies after a defendant’s release from custody, and that the existence of a precommitment bench warrant has no effect on the application…