Brief (Quiz 6) People v. Bob

Brief (Quiz 6) People v. Bob - Anderson, Emily Reapor,...

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Anderson, Emily Reapor, Vanessa Reneau, Sarah Rosen, Lauren People v. Bob Defendant was charged for a violation of Calif. Vehicle Code §23223. No evidence had been found that the defendant had been drinking while driving, but the jury found the defendant guilty because they inferred that he had been drinking. Section 23223 of the Vehicle Code prohibits the following: “possession of an alcoholic beverage container which has been opened while in a vehicle on a public road.” The citation alleged that a cop saw the defendant turn into a parking lot near the scene of a crime. The cop approached the car where the defendant and his passenger were standing to see if they knew anything about the crime. He saw two open beer cans on the truck console and several empty beer cans on the floor. The facts are in dispute. The defendant argues that the law was improperly applied, as he was not in the vehicle, or on a public road, or in physical possession of the beer at the time of the citation. [1] Defendant also contends that he was not in the vehicle when he was cited.
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Brief (Quiz 6) People v. Bob - Anderson, Emily Reapor,...

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