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PEOPLE v. LEWIS

Docket No. 30219.

148 Cal.App.3d 614 (1983)

196 Cal. Rptr. 161

THE PEOPLE, Plaintiff and Respondent, v. EDWARD FRED LEWIS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

October 31, 1983.

Attorney(s) appearing for the Case

COUNSEL

Gary Gunderman and Ronald C. Koerner for Defendant and Appellant.

Richard Erwin, Public Defender (Ventura), as Amicus Curiae on behalf of Defendant and Appellant.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, William W. Bedsworth and Michael P. Maguire, Deputy District Attorneys, for Plaintiff and Respondent.

John K. Van de Kamp, Attorney General, Harley D. Mayfield, Assistant Attorney General, and Jay M. Bloom, Deputy Attorney General, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

CROSBY, J.

We are asked to consider the constitutionality of Vehicle Code section 23152, subdivision (b), driving with a blood alcohol level of .10 percent or more. This appeal is on certification from the Appellate Department of the Superior Court of Orange County, which affirmed Lewis' municipal court conviction of that offense.1

I

When Lewis was arrested, section 23152, subdivision...

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