Law-Guy: Daily Case Summaries

People v. Dawson (2009) , Cal.App.4th First Dist. Apr. 2, 2009
Def is drunk boat driver. Drunk Victim jumps off back of boat when Def goes in reverse and victim is killed. Def charged with ‘vessel manslaughter’. No holding order at PX is appealed by People. Court reverses and remands saying magistrate incorrectly analyzed causation issues. [...]

People v. Beltran (2007) , Cal.App.4th [No. A116944. First Dist., Div. Four. Nov. 27, 2007
DUI case.  Def blows .08 in PAS (about 1/2 after driving) - then about an hour later at station blows .10.  All experts testify that Def was probably a .065 at time of driving based on rising BA inferences from 2d [...]

People v. Forrester (2007) , Cal.App.4th [No. B198662. Second Dist., Div. Six. Nov. 8, 2007
Def convicted of 3d DUI - 1st DUI is 10 years old - at that time DUI prior was period was 7 years.  Court concludes that increase wash period ( and accompanying enhancement penalty) not violation of due process of ex [...]

People v. Martinez (2007) , Cal.App.4th [No. B193624. Second Dist., Div. Six. Nov. 5, 2007
CHP sees car parked facing wrong way with engine running and passenger in seat.  Def comes out of building and says he was driving.  He had .14 BA.  At trial, cousing testifies he drove car (2 hours earlier) to location.  Def [...]