California, United States of America
The following excerpt is from Lucido v. Superior Court (People), 211 Cal.App.3d 343, 259 Cal.Rptr. 339 (Cal. App. 1989):
California law is consistent with these legal principles. The case squarely on point is Chamblin v. Municipal Court, supra, 130 Cal.App.3d 115, 181 Cal.Rptr. 636. In Chamblin, defendant's probation was revoked for several newly committed offenses, including drunk and reckless driving. Although the judge failed to find at the revocation hearing that defendant was the driver of the vehicle, in the ensuing criminal action defendant was charged with both reckless driving and driving while under the influence of alcohol and/or drugs. Defendant moved to dismiss the charges on grounds of collateral estoppel and, after his motion was denied, he filed a petition for a writ of prohibition in superior court. The appellate court affirmed the denial of the writ by holding that the doctrine of collateral estoppel was inapplicable. In persuasive reasoning Justice Reynoso, speaking
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