Does a no-alcohol condition need to be imposed on a defendant who has a history of alcohol abuse?

California, United States of America


The following excerpt is from People v. Medina-Quijas, A148465 (Cal. App. 2017):

Other courts have imposed a no-alcohol condition even when the defendant had no history of alcohol abuse. In People v. Smith (1983) 145 Cal.App.3d 1032 (Smith), the court concluded a no-alcohol condition was reasonably related to the defendant's conviction for PCP possession and to his future criminality because he had an "extensive involvement with drugs," was "emotionally unstable," and had "a poorly integrated personality." (Id. at pp. 1034, 1035.) The court recognized a "nexus between drug use and alcohol consumption," and noted that "the physical effects of alcohol are not conducive to controlled behavior." (Id. at p. 1035.) Smith upheld conditions of probation forbidding alcohol use and presence at alcohol-sale premises under the circumstances, concluding these conditions were "reasonably related to . . . future criminality." (Ibid.)

Other Questions


What is the test for imposing a no-alcohol condition on a defendant who has a history of alcohol abuse? (California, United States of America)
What are the consequences of imposing conditions of release under the abuse of the abuse standard? (California, United States of America)
What is the test for granting probation for a defendant who has a history of alcohol abuse? (California, United States of America)
How has the prosecution and defense counsel treated the evidence in the trial of a defendant who was diagnosed as having a history of sexual abuse as a result of his own sexual abuse? (California, United States of America)
In what circumstances will a defendant be able to argue that the trial court did not abuse its discretion in allowing testimony about two prior convictions subject to the conditions the court imposed? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)
What is the effect of a conditional discharge from prison on a defendant who received a conditional release order for failing to pay a parole revocation restitution fine? (California, United States of America)
Can a defendant who did not object to a probation condition at sentencing raise a challenge to that condition on appeal? (California, United States of America)
Does a court abuse its discretion in denying a defendant's application for funds for a polygraph expert to administer a test on defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.