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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.
The NHTSA defines nonfatal collisions as alcohol-related if the crash report indicates evidence of alcohol present, even if no driver or occupant was tested for alcohol. [9] The NHTSA specifically notes that alcohol-related does not necessarily mean a driver or non-occupant was tested for alcohol and that the term does not indicate a collision ...
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.
No alcohol cap but ABV > 15.5% requires additional license, so many places are beer/wine only. Wet/dry issues determined by city/county election. Liquor stores statewide closed all day Sunday and on specified holidays (on those holidays which fall on a Sunday, the stores must be closed the following Monday).
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Sale of alcohol is regulated and a license must be granted by county authorities before a store, bar, or restaurant may sell alcohol. Driving a motor vehicle while intoxicated on alcohol is a misdemeanor which carries a penalty of up to one year in the county jail. Subsequent offenses may be charged as a felony under certain circumstances.
Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. . Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Co