Legal Opinion

People v. Weatherill

California Court of Appeal

Decided November 28, 1989No. B042229PublishedCited by 25 opinions

1Opinion of the Court

Opinion

WOODS (Fred), J.

Do Vehicle Code sections1 23202 and 23206, which prohibit diversion “in any” driving under the influence case, make an exception for a developmentally disabled defendant? Our answer is no.

Procedural and Factual Background

On October 22, 1986, defendant was charged with misdemeanor violations of section 23152, subdivision (a), driving under the influence of alcohol, and section 23152, subdivision (b), driving with .10 percent alcohol in his blood. As to both counts it was alleged that he had suffered a 1984 conviction of section 23152, subdivision (a).

At his arraignment,…

2Cases cited17 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. People v. LentCalifornia Supreme Court · 1975
  3. People v. WoodheadCalifornia Supreme Court · 1987
  4. People v. GilbertCalifornia Supreme Court · 1969
  5. People v. OverstreetCalifornia Supreme Court · 1986

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

3Cited by25 opinions

  1. Howard Jarvis Taxpayers Assn. v. City of RosevilleCalifornia Court of Appeal · 2003
  2. People v. Craine, California Court of Appeal, 5th District2019
  3. ZABRUCKY v. McAdamsCalifornia Court of Appeal · 2005
  4. Acosta v. KerriganCalifornia Court of Appeal · 2007
  5. People v. DarnellCalifornia Court of Appeal · 1990

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

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