Does a conviction for driving under the influence constitute a criminal offense?
California, United States of America
The following excerpt is from The People v. Brinkman, F058292, No. BF122223A (Cal. App. 2010):
constitutes a criminal offense precisely because it involves an act which is inherently dangerous. [Citation.]" (People v. Brogna (1988) 202 Cal.App.3d 700, 709.) Ortiz described the impact of a prior conviction for driving under the influence on proof of implied malice in a subsequent prosecution:
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