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PADILLA v. MEESE

Docket No. 24925.

184 Cal.App.3d 1022 (1986)

229 Cal. Rptr. 310

GERALD JAMES PADILLA, Plaintiff and Appellant, v. GEORGE E. MEESE, as Director, etc., Defendant and Respondent.

Court of Appeals of California, Third District.

August 25, 1986.

Attorney(s) appearing for the Case

COUNSEL

William Cole for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Charles C. Kobayashi and Marybelle D. Archibald, Deputy Attorneys General, for Defendant and Respondent.

[Opinion certified for partial publication.*]

OPINION

SPARKS, J.

In this case we first consider whether, for purposes of a misdemeanor arrest for drunk driving, a vehicle must be moved in the presence of the arresting officer in order for the offense to occur in his presence. We hold that the vehicle must be moved. We next consider whether the preventative actions taken by a state inspector at...

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