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California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., 445 U.S. 97 (1980), was a United States Supreme Court case in which the Court created a two-part test for the application of the state action immunity doctrine that it had previously developed in Parker v.
The court pointed out that the phrase "actual physical control" does not appear anywhere in the drunk driving offense statutes. Further, the court noted that since "driver" is defined as one who drives or is in actual physical control, the two terms (drive vs. actual physical control) must have different meanings.
Similarly, passengers of motor vehicles are allowed to consume alcohol as long as they are not in a liquor-free zone. Sale of alcohol to intoxicated persons is illegal. Under the Summary Offences Act 1981 it is an offence to drink alcohol in public transport, aeroplanes and taxis unless the vehicle is a licensed premises. Most commercial ...
You can’t drink alcohol in public spaces or outside of a licensed venue under California law, and you can only be drunk in public as long as you aren’t bothering other people.
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Examples of infractions in California are traffic violations such as exceeding the posted speed limit, etc. Persons charged with infractions do not have the same right to trial by jury as misdemeanor defendants, notwithstanding laws that imply otherwise. [5] [6] [7] Similarly, Defendants generally do not have a right to court-appointed counsel. [8]
Liquor and wine can only be bought in liquor stores. But no establishment can serve or sell any alcohol between 4:00 a.m. and 12:00 p.m. on Sunday mornings. As marijuana becomes more widely ...