What is the test for an intoxicated driver who strikes a parked vehicle and injures his passenger?
California, United States of America
The following excerpt is from Wilkoff v. Superior Court (People), 155 Cal.App.3d 81, 202 Cal.Rptr. 24 (Cal. App. 1984):
The intoxicated motorist in People v. Thurston, supra, 212 Cal.App.2d 713, 28 Cal.Rptr. 254 severely injured his lone passenger when he struck an unoccupied parked vehicle. On appeal he claimed the evidence was insufficient to prove "he did some act forbidden by law or neglected a duty imposed by law in the driving of such vehicle." (Id., at pp. 714-715, 28 Cal.Rptr. 254.)
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