Does a passage in the California Vehicle Code refer to the "mere act of driving a vehicle upon a public highway while intoxicated"?

California, United States of America


The following excerpt is from Wilkoff v. Superior Court, 211 Cal.Rptr. 742, 38 Cal.3d 345, 696 P.2d 134 (Cal. 1985):

7 That passage reads: "It was said in People v. Chatham [43 Cal.Rptr. 298, 110 P.2d 704 (1941) ], '... it is not the receiving of the injury that concerns the state, but the causing of such injuries which the state seeks to minimize.' The unlawful act denounced by the Vehicle Code is the 'mere act of driving a vehicle upon a public highway while intoxicated.' " (People v. Lobaugh, supra, 18 Cal.App.3d at pp. 79-80, 95 Cal.Rptr. 547, citation omitted, italics in original.)

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