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BURG v. MUNICIPAL COURT

Docket No. S.F. 24622.

35 Cal.3d 257 (1983)

673 P.2d 732

198 Cal. Rptr. 145

RICHARD JOSEPH BURG, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE SANTA CLARA COUNTY JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Defendant and Respondent. THE PEOPLE, Real Party in Interest and Respondent.

Supreme Court of California.

December 22, 1983.

Attorney(s) appearing for the Case

COUNSEL

Perry E. Olsen and Thomas P. House for Plaintiff and Appellant.

W. Scott Quinlan, Quinlan, Kershaw, Fanucchi & Hoffman, Owen P. Rafferty, Philip A. Rafferty, Linda Lee DeMetrick and Campbell & DeMetrick as Amici Curiae on behalf of Plaintiff and Appellant.

No appearance for Defendant and Respondent.

John K. Van de Kamp, Attorney General, Daniel J. Kremer, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Robert R. Granucci and Herbert F. Wilkinson, Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

MOSK, J.

Richard Joseph Burg, hereafter defendant, appeals from a judgment denying his petition for a writ of prohibition. He contends that Vehicle Code section 23152, subdivision (b),1 fails to give constitutionally adequate notice of the conduct it prohibits, and that the municipal court erred in overruling his demurrer to that effect. We conclude that...

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