California Court of Appeal

Conviction and sentence for driving under the influence (DUI), is reversed as there was insufficient evidence to establish that defendant's prior conviction under Colorado Revised Code section 42-4-1301(1)(b) for Driving While Ability Impaired, would have been a violation of either Vehicle Code section 23152(a) or 23152(b) if committed in California, and thus, the Colorado conviction did not did not satisfy the requirements of Vehicle Code section 23626, and could not be used in California for any purpose.

Appellate Information

• Decided 08/29/2006
• Published 08/29/2006

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Thomas S. Crary, Auburn, for Appellant.


• For Appellees:
  
• Margaret O'Malley, for Respondent.