How have courts treated section 597, subdivision (b) of the California Vehicle Code when a defendant is convicted of driving under the influence of alcohol?

California, United States of America


The following excerpt is from People v. Tom, 22 Cal.App.5th 250, 231 Cal.Rptr.3d 350 (Cal. App. 2018):

By contrast, in People v. Duarte (1984) 161 Cal.App.3d 438, at pages 444-446, 207 Cal.Rptr. 615 ( Duarte ), the court held the defendant was properly convicted of violating both Vehicle Code section 23153, subdivision (a) (driving under the influence and causing bodily injury) and subdivision (b) (driving with a blood-alcohol level of 0.10 percent or more and causing bodily injury) based on a single act of driving after excessive drinking. Neither of those subdivisions contained an exception like section 597, subdivision (b), however.

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