In these consolidated writ proceedings we conclude that first offense driving under the influence cases are subject to the Vehicle Code section 41500 prohibition against prosecution of offenses pending when a defendant is committed to the custody of the Director of Corrections, unless the complaint alleges that the offense took place in a vehicle which requires a class 1 or class 2 license to operate.
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JOSEPH v. SUPERIOR COURT
9 Cal.App.4th 498 (1992)
11 Cal. Rptr.2d 757
BARRY JOSEPH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MIGUEL CALDERON, Real Party in Interest.
Court of Appeals of California, Second District, Division Four.https://leagle.com/images/logo.png
September 10, 1992.
September 10, 1992.
Attorney(s) appearing for the Case
Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Jennifer Turkat, Richard N. Merenbach, Elizabeth Warner-Sterkenburg and Paula Montez, Deputy Public Defenders, for Petitioner in No. B060781 and for Real Party in Interest in No. B062121.
James K. Hahn, City Attorney, William N. Sterling and Janet G. Bogigian, Deputy City Attorneys, for Real Party in Interest in No. B060781 and for Petitioner in No. B062121.
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