Can a charge of driving under the influence of intoxicating liquor be consolidated with the charge of contributing to the delinquency of a minor?

California, United States of America


The following excerpt is from Hankla v. Municipal Court, 102 Cal.Rptr. 896, 26 Cal.App.3d 342 (Cal. App. 1972):

In this case there were definitely two criminal acts involved. Whether considered under a 'necessarily included offense' test, or an intent 'and objective' test or a 'criminal acts' test, the offense of driving a vehicle while under the influence of intoxicating liquor, and the offense of contributing to the delinquency of a minor could be separately punished. (See People v. Hartfield (1970) 11 Cal.App.3d 1073, 1078--1080, 90 Cal.Rptr. 274.) It may be assumed that in order to avoid harassment the petitioner was entitled to move to have the charges consolidated for trial. (Id., at p. 1080, 90 Cal.Rptr. 274.)

Other Questions


Does the Court have jurisdiction to award sanctions against a defendant who was found guilty of a charge of recklessly driving while driving under the influence of alcohol? (California, United States of America)
How have the courts treated the charge of contributing to the delinquency of a minor in a pandering case? (California, United States of America)
What is the test for a charge of contributing to the delinquency of a minor? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Does a defendant have to produce evidence to prove that he is not guilty of driving while under the influence of intoxicating liquor? (California, United States of America)
Does section 654 of the California Penal Code bar imposition of concurrent sentences for driving under the influence of alcohol and driving with a blood alcohol level of .08 percent arising out of one act of driving? (California, United States of America)
Can a defendant who kills another while driving under the influence rely upon the fact of self-induced intoxication to defend against the charge of murder? (California, United States of America)
What is the test for reversing a conviction where a defendant pleaded not guilty to a charge of recklessly driving under the influence of alcohol? (California, United States of America)
In a motor vehicle accident, can a defendant be charged with second degree murder based on driving while intoxicated? (California, United States of America)
Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.