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Legal Opinion

People v. Malvitz

Appellate Division of the Superior Court of California

Decided October 27, 1992No. Crim. A. No. 7962PublishedCited by 10 opinions

1Opinion of the Court

Opinion

JACKMAN, J.

We find that Vehicle Code section 23152, subdivision (a) prohibits driving a vehicle while under the influence of alcohol and/or drugs even though the vehicle is driven only in an area not open to the general public.

Facts

According to the stipulated facts, appellant, who was under the influence of alcohol, drove a motor vehicle on a privately owned and paved area which was part of a locked storage facility. This facility was not open to *Supp. 11the general public, but lessees and others with business on the property could enter. The lower court found him guilty, rejecting…

2Cases cited5 opinions

  1. Burg v. Municipal CourtCalifornia Supreme Court · 1983
  2. In Re TartarCalifornia Supreme Court · 1959
  3. People v. AshleyCalifornia Court of Appeal · 1971
  4. Weber v. OrrCalifornia Court of Appeal · 1969
  5. Henslee v. Department of Motor VehiclesCalifornia Court of Appeal · 1985

3Cited by10 opinions

  1. People v. CantyCalifornia Supreme Court · 2004
  2. People v. CampbellCalifornia Court of Appeal · 2003
  3. People v. ERIBARNECalifornia Court of Appeal · 2004
  4. Patricia S. Reed v. Joshua D. BeckettWest Virginia Supreme Court · 2016
  5. Patricia S. Reed v. Joshua D. BeckettWest Virginia Supreme Court · 2016

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