What is the test for a motorcyclist to be found guilty of driving under the influence of alcohol?

California, United States of America


The following excerpt is from People v. Ferrara, 202 Cal.App.3d 201, 248 Cal.Rptr. 311 (Cal. App. 1988):

Vehicle Code section 23153(a) is clear on its face that "[i]t is unlawful for any person, while under the influence of an alcoholic beverage ... to drive a vehicle and, when so driving, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver." (Italics added.) In People v. Oyaas (1985) 173 Cal.App.3d 663, [202 Cal.App.3d 206] 667, 219 Cal.Rptr. 243 the appellate court identified three distinct elements which must be proved to establish a violation of section 23153.

Other Questions


Does the Court have jurisdiction to award sanctions against a defendant who was found guilty of a charge of recklessly driving while driving under the influence of alcohol? (California, United States of America)
Does section 654 of the California Penal Code bar imposition of concurrent sentences for driving under the influence of alcohol and driving with a blood alcohol level of .08 percent arising out of one act of driving? (California, United States of America)
What is the purpose of a summary hearing in a motor vehicle accident case where a driver has been found to have been impaired by alcohol while driving under the influence of alcohol? (California, United States of America)
What is the test for determining whether a person can be found guilty of recklessly driving under the influence of alcohol? (California, United States of America)
Can a defendant be found guilty of driving under the influence of alcohol or drugs for a violation of Vehicle Code section 23153? (California, United States of America)
What is the test for a person to be found guilty of a charge of recklessly driving under the influence of alcohol? (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)
Is there any case law where a defendant has been found guilty of driving under the influence of alcohol? (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 charge of recklessly driving under the influence of alcohol? (California, United States of America)
What is the test for a motorcyclist to be found guilty of causing the death of a pedestrian by dangerous driving while intoxicated? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.