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California San Diego County Driving Constitutional Rights Writ Mandamus Lawyers Attorneys
JAMES V. PEPIN, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent
Court of Appeal of California, Fourth Appellate District, Division One
July 22, 1969
The Department of Motor Vehicles ordered Plaintiff (James V. Pepin’s) driver’s license suspended for his refusal to submit to any of the blood alcohol tests required by Vehicle Code, section 13353, after he was arrested by an officer who had reasonable cause to believe he was driving while drunk. Plaintiff brought mandamus in the superior court to compel the DMV to reinstate his driving privileges. The Superior Court of San Diego County denied the driver’s application for a writ of mandamus to compel defendant Department of Motor Vehicles to reinstate a driving license. Plaintiff driver sought review the above judgment.
Issues:
Whether the trial Court erred in denying the Plaintiff Writ of Mandamus?
Whether § 13353 violate the driver’s right to equal protection?
Conclusion:
Pepin un-meritoriously asserts that because section 13353 does not permit an exception for “employment-livelihood” cases, similar to that of Vehicle Code, section 13210, he is denied the equal protection of the laws. The issue is whether section 13353 arbitrarily discriminates against certain classes of persons who refuse to take the chemical test, as opposed to other classes who also refuse the test. No discrimination exists. No particular class of person is selected for suspension for refusing a chemical test.
The suspension is mandatory, not discretionary. Pepin did not have a constitutional right to refuse to take the chemical test.
Hence the Court affirmed the trial Court’s Judgment.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York,California, North Carolina & India to serve the clients of the SRIS Law Group.
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Constitution Day celebration scheduled for September 17 in Weber County
Constitution Day celebration scheduled for September 17 in Weber County
NORTH OGDEN, Utah (PRWEB) September 15, 2005
A Constitution Day event celebrating the signing of the United StateÂs Constitution on September 17, 1787 will be held Saturday, September 17 from 10 a.m. Â 12 p.m. at the North Ogden Ballpark & Bowery at 2650 N. 474 E. in North Ogden. The park is located adjacent to North Ogden Elementary School.
The public is invited to this old-fashioned patriotic event and all activities are free.
The program will start at 10 a.m. and include a flag ceremony by the Ben Lomond High School Army Jr. ROTC, musical numbers and recognition of local politicians as upholders of our Constitution. The keynote speaker will be Jay Hess, a retired Lieutenant Colonel in the United States Air Force. Mr. Hess was held as a POW in Vietnam from 1967-1973.
Following the program, a free lunch of hotdogs and chips will be available.
While widely celebrated in other states, this is the only known public event for Constitution Day in Utah. It is a great opportunity to celebrate our freedoms as Americans and the document that insures that freedom.
This Constitution Day celebration is being sponsored by Sentinel News, a free monthly newspaper serving Weber County and beyond. Circulating 35,000 issues monthly, the newspaper concentrates on local news and constitutional issues.
ÂRemembrance and celebration of this inspired contract and of the hand of the Almighty who has allowed its continuation for 218 years should be dear to the heart of every freedom-loving American. We hope by sponsoring this celebration to stir feelings of reverence and gratitude to the principles upon which the Constitution is founded, said Mark Mackley, publisher of Sentinel News.
Contact: Debra Hunsaker 801/628-1758
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Virginia Highland County Prior Conviction Reckless Driving Constitutional Right Lawyers Attorney
CLEM KINCAID v. COMMONWEALTH OF VIRGINIA
Supreme Court of Virginia
December 1, 1958
The defendant, Kincaid was convicted in the circuit court on April 23, 1957, of reckless driving. Later he was again, charged with reckless driving. He was tried and convicted of this latter charge on November 6, 1957, and the judgment entered on that conviction is the subject of this appeal. During the course of the trial the Commonwealth introduced evidence of the previous conviction (April 23, 1957), which evidence was admitted over the objection of the accused wherein he asserted that the evidence was inadmissible as the warrant on which he was being tried did not charge a second offense. In instructing the jury, over the objection of the accused, the court set forth the penalties for a second offense of reckless driving, and the jury imposed a fine as permitted under the instruction and as provided in the statute (Code, § 46-210 as amended; now § 46.1-192, 1958 Cum. Supp.) for a second offense. The accused moved to set aside the verdict as contrary to the law and without evidence to support it, and further urged the court to grant him a new trial on the ground that the court erred in permitting the introduction of evidence relating to the previous conviction. These motions were overruled and judgment was entered on the jury’s verdict. The defendant sought review of the decision.
Issues:
Whether the trial court erred in admitting evidence relating to the previous conviciction?
Whether a defendant in a criminal case can be taxed with the costs of a jury without invading his constitutional right to trial by jury?”
Discussion:
This court held that it was error for the court to admit the evidence relating to the prior conviction and to instruct the jury regarding the punishment for a second offense. In this case the warrant simply charged that the accused did unlawfully operate a motor vehicle on the public road in a reckless manner and did not charge him for a second offense. Thus he should have been put on trial for the offense as charged and no other this court held that under the evidence, the issues involving the identity of the accused and whether or not he was guilty of reckless driving were for the determination of the jury
This court held there is no merit in the contention that the taxing of the costs of the jury is an invasion of the constitutional right of the accused to a trial by juryCode, § 19-296 imposes upon the clerk of the court the duty to make up a “statement of all the expenses incident to the prosecution” and issue an execution therefore. The costs of a jury are an expense incident to the prosecution, and its collection violates no constitutional right of the accused.
Conclusion:
The court reversed the judgment of the trial court, which convicted the defendant of reckless driving and overruled his motions to set aside the verdict and for a new trial. The court remanded the case for a new trial.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
Article from articlesbase.com
Alex is live for the first two hours of the broadcast. He will talk about the unconstitutional effort by Congress and Obama to force through health care using “deem and pass” without a vote by the Senate. Obama, Congress, and Treason Against the Constitution Kurt Nimmo www.infowars.com March 19, 2010 On Thursday, Robert Gibbs, Obamas press secretary, responded to a question about the so-called Slaughter Rule (named after Rep. Slaughter, who sits on the rules committee) that will be used by Democrats to force through Obamas totalitarian care bill, probably over the weekend. Gibbs answer was deliberately opaque. By not addressing the question, he essentially said deem and pass will be used in the future to enact unpopular legislation, including a bill that will legalize millions of illegal immigrants. It is now official — the Constitution is dead. It may as well be used to wrap fish. Article 1, Section 7 of the Constitution requires that both houses of Congress hold recorded yea-or-nay votes on a bill before it can be presented to the president for his signature and before it can become law. Obama approves of sabotaging the Constitution. He said he does not spend a lot of time worrying about what the procedural rules are, in other words violating the spirit and law of the Constitution is not a biggie for him. What I can tell you is that the vote thats taken in the House will be a vote for health care reform. And if people vote yes, whatever form that takes, that is going to …
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The Constitutional Walking Tour Announces Student Winners in its First Annual American Freedom Essay Contest; Students from Philadelphia and Montgomery Counties in Pennsylvania and Burlington County in New Jersey Named Winners
Philadelphia, PA (PRWEB) November 27, 2007 –
The Constitutional Walking Tour of Philadelphia today announced the student winners of its 2007 American Freedom Essay Contest.
The winner in the Elementary School Category (Grades 1-5) was Leah Huebner from the William H. Loesche School in Philadelphia, Pennsylvania (Philadelphia county) for her essay “This is what FREEDOM means to me” (Teacher: Merle Fine).
The winner in the Middle School Category (Grades 6-8) was Santina Pescatore from Waldron Mercy Academy in Merion Station, Pennsylvania (Montgomery county) for her essay “Freedom Must Carry On” (Teacher: Eileen Flanagan).
The winner in the High School Category (Grades 9-12) was Alexander Sliwecki from Cinnaminson High School in Cinnaminson, New Jersey (Burlington county) for his essay about Freedom of Speech (Teacher: Megan Schweitzer).
The American Freedom Essay Contest received many wonderful essays from students attending public and private schools, as well as those being home schooled, all along the East Coast of the United States. In total, there were approximately 2,000 essays received from more than 100 schools which participated in this Constitution Day contest. Schools from the following states participated including Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Virginia, and Washington, D.C. The winning essays will be posted online at www.theconstitutional.com/essay.
“We were thrilled with the response to our inaugural American Freedom Essay Contest,” stated Jonathan Bari, Chairman of The Constitutional Walking Tour. “We salute all of the students and educators who participated in the contest on a job well done with the high caliber of essays that we received.”
Essay topics represented a broad spectrum of ideas and different points of view on various subjects including freedom of speech, freedom of assembly, freedom of religion, freedom of the press, the right to petition the government, the right to bear arms, the right to pursue one’s happiness, etc.
American Freedom Essay Contest
September 17th is designated as Constitution Day because on that date in 1787, the delegates of the Constitutional Convention in Philadelphia signed the United States Constitution at Independence Hall. Each year, The Constitutional Walking Tour celebrates Constitution Day throughout the month of September, and teachers are encouraged to utilize The Constitutional’s many free educational resources available at: www.TheConstitutional.com/1787.
This year, in honor of Constitution Day, The Constitutional Walking Tour and The Philadelphia Inquirer asked students to give their views about American freedom. The American Freedom Essay Contest challenged educators to get their students to write a 100-300 word essay on the importance of freedom in their lives. Entries were judged in Elementary School, Middle School and High School categories with the winner in each category earning a free field trip of Historic Philadelphia with The Constitutional Walking Tour for his/her class. For more details on The Constitutional’s field trips, visit www.TheConstitutional.com/schools.
The contest is planned to be an annual event. To sign up to receive an email when the details of the 2008 contest is announced, visit www.TheConstitutional.com/schools and sign up for The Constitutional Walking Tour’s Educator mailing list.
Background on Constitution Day
In late 2004, Senator Robert Byrd, one of the United States Senate’s leading Constitutional scholars, introduced legislation that President George W. Bush signed into law on December 8, 2004 requiring that all schools, colleges and Federal agencies receiving Federal funds offer annual educational programming involving the Constitution of the United States on or around Constitution Day, September 17th.
The Constitutional’s Educator Resources
The Constitutional Walking Tour offers a variety of resources to help Educational Institutions and Federal Agencies fulfill the annual requirement for Constitution Day programming, including The Constitutional Guided Walking Tour.
The Constitutional Guided Walking Tour tells the dramatic story of the brave men and women who were responsible for creating America. Step back in time to see where The United States Constitution was created. See more than 20 of the most historic sites and attractions in 75 minutes on a 1.25-mile outdoor journey, including many sites and topics related to the U.S. Constitution such as Independence Hall and the National Constitution Center. Group tours and field trips are available year-round with advance reservations. Group rates and student discounts are available for groups of 25 or more. For more information, visit www.TheConstitutional.com/schools, or call our group sales department at 215.525.1776.
For details on all of The Constitutional’s educational resources, please visit
www.TheConstitutional.com/1787 .
About The Constitutional Walking Tour of Philadelphia:
The Constitutional Walking Tour of Philadelphia takes visitors on a walking journey through America’s Birthplace “Where Every Day is Independence Day!”™ Located in Historic Philadelphia, The Constitutional visits more than 20 of the most historical sites on a 75 minute, 1.25 mile outdoor adventure in the Independence National Historical Park area, which is home to the Liberty Bell and Independence Hall. The Constitutional guides visitors on a walk through history where The Declaration of Independence and the Constitution of the United States were created. Since 2004, The Constitutional has been consistently ranked as one of Philadelphia’s “Top 25 Tourist Attractions” by the Philadelphia Business Journal. In addition, The Constitutional is one of the leading providers of School Field Trips of Historic Philadelphia. Visitors can experience The Constitutional: 1) on their own as a free, self-guided walking tour, 2) with a lively tour guide for a fee, or 3) with the Philly MP3 Audio Tour. For more information on The Constitutional’s various tours, please visit www.TheConstitutional.com. The Constitutional is also the producer of the Spirits of ’76 Ghost Tour of Philadelphia which is “one part history, two parts haunt.” The Spirits of ’76 Ghost Tour features more than 20 of “Philly’s Frights & Sights”™ on a 75 minute, 1.25 mile outdoor walking tour through Historic Philadelphia that features haunted facts and folklore. For more information, please see www.Spiritsof76.com.
EDITOR’S NOTES – For Education media, please visit The Constitutional’s various online resources:
High-resolution Photographs of Historic Philadelphia are available for media usage at:www.TheConstitutional.com/images.
Story Ideas on The Constitutional Walking Tour, Historic Philadelphia and Heritage Tourism are available for media usage at:www.TheConstitutional.com/StoryIdeas.
By the Numbers statistics on The Constitutional Walking Tour and Historic Philadelphia are available for media usage at:www.TheConstitutional.com/numbers.
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