People v. Olive

Summary

The Appellate Division of the San Mateo County Superior Court held that Vehicle Code section 23152, subdivision (a), together with Vehicle Code section 312, was not unconstitutionally vague as applied to driving under the influence of kava. The court concluded that the defendant bore the burden of establishing the statute's unconstitutional application and had failed to do so. It reversed the dismissal of the criminal action and remanded the case for trial.

Holdings

1. A defendant challenging the constitutionality of Vehicle Code section 23152, subdivision (a), as applied must first establish the factual basis for the claimed unconstitutional application; the People need not respond until that initial showing is made.
2. Vehicle Code section 23152, subdivision (a), construed together with Vehicle Code section 312, is not unconstitutionally vague merely because it does not identify kava by name.

Questions Presented

1. Whether the defendant, rather than the People, bore the initial burden of establishing that Vehicle Code section 23152, subdivision (a), was unconstitutional as applied to his conduct.
2. Whether Vehicle Code section 23152, subdivision (a), construed with Vehicle Code section 312, is unconstitutionally vague because it does not specifically identify kava as a prohibited drug.
3. Whether the trial court's dismissal should be reversed where the dismissal was not based on Penal Code section 1385 and the defendant failed to establish an as-applied constitutional violation.

Disposition

reversed_and_remanded