Can a defendant who drives a car with defective brakes be held liable for an unlawful act under former section 501 of the California Vehicle Code?

California, United States of America


The following excerpt is from People v. Weems, 54 Cal.App.4th 854, 62 Cal.Rptr.2d 903 (Cal. App. 1997):

However, in People v. Campbell (1958) 162 Cal.App.2d 776, 329 P.2d 82, the court reviewed a conviction under former section 501 and concluded that operating a car with defective brakes supported the conviction either as a violation of the Vehicle Code or as proof of negligence. In People v. Graybehl (1944) 67 Cal.App.2d 210, 153 P.2d 771, the court held that in a section 501 prosecution the unlawful act requirement was satisfied by evidence that the defendant drove his car with its windshield so dirty " ' ... as to impair the driver's vision,' " which is a violation of the Vehicle Code ( 677). (Id., at pp. 216-218, 153 P.2d 771.) In each of these cases, the equipment violation in question directly impaired the driver's ability to drive the car in a manner so as to avoid an accident and proximately caused the injuries to a person other than the driver.

Other Questions


Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
What is the effect of section 654 of the California Vehicle Code on a defendant's sentence for a violation of section 23153 of the Vehicle Code? (California, United States of America)
Is section 654 of the California Vehicle Code an enhancement to a conviction for impaired driving under Vehicle Code section 23175? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Is unlawfully driving or taking a vehicle a crime that is not considered a "grand theft auto" under section 490.2 of the California Vehicle Code? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.