Logo
Searching Tips

When searching Forecite California, there are shortcuts you can take to find the information you are looking for:

1. By Code Section:

Forecite uses standard abbreviations for different types of codes. Those abbreviations can be found below:

Codes:
CCR California Code of Regulations
Corp C Corporations Code
EC Evidence Code
FG Fish and Game Code
GC Government Code
HN Harbors & Navigation Code
HS Health & Safety Code
PC Penal Code
RT Revenue & Tax Code
VC Vehicle Code
WI Welfare & Institutions Code

Using these codes to search is very simple. For example, if you wanted to search for Penal Code section 20, you would type PC 20 into the search box.

2. By CALJIC Number:

Since Forecite is indexed to CALJIC, searching for CALJIC numbers is easy. For example, to search for CALJIC 3.16, you would type 3.16 into the search box.

3. By Case Name or Citation:

To find a case or citation, simply enter all or part of the case’s citation. Since many cases are known only by one name involved, it is often helpful to not search for the entire citation. For example, if you were searching for references to People v. Geiger (84) 35 C3d 510, 526 [199 CR 45], you could search for People v. Geiger or just Geiger. Searching for Geiger might be more helpful since it would find references to the case that do not include the full citation.

  • Contact Us
  • Log In
  • My Account

  • Home
  • Firm Overview
  • Attorney Profiles
  • Practice Areas
  • Verdicts & Settlements
  • News & media
  • Blog
  • Contact

Back to  Previous Page
Back to top

SERIES 2100 VEHICLE OFFENSES

F 2101 NOTES

TABLE OF CONTENTS
F 2101 Note 1 Driving with 0.08 Percent Blood Alcohol Causing Injury – CALCRIM Cross-References And Research Notes
F 2101 Note 2 Challenge To Presumption Instruction In Absence Of Expert Testimony
F 2101 Note 3 Reversible Error To Instruct Where Breath Analysis Is Less Than Statutory Minimum (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))
F 2101 Note 4 Partition Ratio Presumption (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))
F 2101 Note 5 Consciousness Of Guilt From Defendant’s Refusal To Submit To Blood Or Sobriety Tests
F 2101 Note 6 Felony Drunk Driving: Sua Sponte Duty To Define “Speeding” When It Is An Element Of The Charge
F 2101 Note 7 Drunk Driving: Wobbler Reduced To Misdemeanor Is Not Prior Felony Conviction (Former VC 23175.5 – Now VC 23550.5)
F 2101 Note 8 Drunk Driving: Applicability Of Accomplice Liability – Co-Perpetrator (PC 191.5/PC 192(c)(3))
F 2101 Note 9 Drunk Driving: Aiding And Abetting Liability – Intoxication To Negate Knowledge And Intent
F 2101 Note 10 DUI: Breath Test Observation Requirement (VC 23152)
F 2101 Note 11 DUI: Causing Serious Bodily Injury Is Not A “Crime of Violence”
F 2101 Note 12 DUI: Suspension Of License (VC 13353) For Refusing Test (VC 23612)
F 2101 Note 13 Drunken Driving (DUI): Defense Burden To Show Blood Test Not Properly Performed
F 2101 Note 14 Admissibility Of Blood Alcohol Test That Fails To Comply With Regulations
F 2101 Note 15 Partition Ratios: Evidence Admissible As To Urine Test

Return to Series 2100 Table of Contents.


F 2101 NOTES

F 2101 Note 1 Driving with 0.08 Percent Blood Alcohol Causing Injury – CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

CALCRIM 2111 [Driving With 0.08 Percent Blood Alcohol (VC 23152(b))]
CALCRIM 2113 [Driving With 0.05 Percent Blood Alcohol When Under 21 (VC 23140(a))]
CALCRIM 2125 [Driving Under the Influence or With 0.08 Percent Blood Alcohol: Prior Convictions (VC 23550, 23550.5 & 23566)]
CALCRIM 2126 [Driving Under the Influence or With 0.08 Percent Blood Alcohol: Prior Convictions – Bifurcated Trial (VC 23550, 23550.5 & 23566)]

Research Notes:

See CLARAWEB Forum, Vehicle Offenses—Series 2100.

See Annotation, Validity, construction, and application of statutes directly proscribing driving with blood-alcohol level in excess of established percentage, 54 ALR4th 149 and Later Case Service.

See Annotation, Challenges to use of breath tests for drunk drivers based on claim that partition or conversion ratio between measured breath alcohol and actual blood alcohol is inaccurate, 90 ALR4th 155 and Later Case Service.


F 2101 Note 2 Challenge To Presumption Instruction In Absence Of Expert Testimony

When the prosecution seeks to establish the defendant’s blood alcohol level at the time of the driving based on later testing expert testimony may be necessary and in the absence of such testimony the evidence may be insufficient to support a presumption instruction. (See People v. Beltran (2007) 157 CA4th 235, 243.)

See also FORECITE F 2010.3 Inst 6.


F 2101 Note 3 Reversible Error To Instruct Where Breath Analysis Is Less Than Statutory Minimum (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))

See FORECITE F 2100 Note 15.


F 2101 Note 4 Partition Ratio Presumption (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))

See FORECITE F 2100 Note 16.


F 2101 Note 5 Consciousness Of Guilt From Defendant’s Refusal To Submit To Blood Or Sobriety Tests

See FORECITE F 2100 Note 6.


F 2101 Note 6 Felony Drunk Driving: Sua Sponte Duty To Define “Speeding” When It Is An Element Of The Charge

See FORECITE F 2100 Note 7.


F 2101 Note 7 Drunk Driving: Wobbler Reduced To Misdemeanor Is Not Prior Felony Conviction (Former VC 23175.5 – Now VC 23550.5)

See FORECITE F 2100 Note 8.


F 2101 Note 8 Drunk Driving: Applicability Of Accomplice Liability – Co-Perpetrator (PC 191.5/PC 192(c)(3))

See FORECITE F 2100 Note 9.


F 2101 Note 9 Drunk Driving: Aiding And Abetting Liability – Intoxication To Negate Knowledge And Intent

See FORECITE F 2100 Note 10.


F 2101 Note 10 DUI: Breath Test Observation Requirement (VC 23152)

See FORECITE F 2100 Note 11.


F 2101 Note 11 DUI: Causing Serious Bodily Injury Is Not A “Crime of Violence”

See FORECITE F 2100 Note 12.


F 2101 Note 12 DUI: Suspension Of License (VC 13353) For Refusing Test (VC 23612)

See FORECITE F 2100 Note 13.


F 2101 Note 13 Drunken Driving (DUI): Defense Burden To Show Blood Test Not Properly Performed

See FORECITE F 12.61 n4.


F 2101 Note 14 Admissibility Of Blood Alcohol Test That Fails To Comply With Regulations

See FORECITE F 12.61 n5.


F 2101 Note 15 Partition Ratios: Evidence Admissible As To Urine Test

See FORECITE F 12.61 n6.

  • Register as New User
  • Contact Us
© James Publishing, Inc. (866) 72-JAMES