Can a defendant argue that he cannot be convicted of a methamphetamine DUI because his driving impairment was induced by withdrawal?

California, United States of America

The following excerpt is from People v. Jimenez, 197 Cal.Rptr.3d 1, 242 Cal.App.4th 1337 (Cal. App. 2015):

On appeal, defendant argues he can only be convicted of methamphetamine DUI if his driving impairment stemmed from "the drug itself ... actively influencing the body...." (Italics added.) In the context of this case, he is likely claiming he cannot be convicted of methamphetamine DUI because his driving impairment, i.e., sleepiness, was induced by withdrawal. As supporting authority, defendant cites the following excerpt from People v. Canty (2004) 32 Cal.4th 1266, 1278, 14 Cal.Rptr.3d 1, 90 P.3d 1168 (Canty ), italics omitted:

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)

When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)

Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)

Is a defendant convicted of driving under the influence of alcohol (DUI) and driving while having 0.08 percent or more alcohol in his blood? (California, United States of America)

Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code? (California, United States of America)

Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (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)

Does Defendant have grounds to argue that a conviction or acquittal in a murder case against Defendant violated the prohibition against double jeopardy? (California, United States of America)

Can a defendant appeal his conviction for false imprisonment against a defendant who was previously convicted of kidnapping? (California, United States of America)

Can a defendant argue that he cannot be convicted of a methamphetamine DUI because his driving impairment was induced by withdrawal?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources