What is the test for a charge of recklessly driving under the influence of alcohol?

California, United States of America


The following excerpt is from People v. Delvalle, 26 Cal.App.4th 869, 31 Cal.Rptr.2d 725 (Cal. App. 1994):

" 'When it is established that the defendant intended to commit a specific crime and that in carrying out this intention he committed an act that caused harm or sufficient danger of harm, it is immaterial that for some collateral reason he could not complete the intended crime.' [Citation.]" (People v. Dillon, supra, 34 Cal.3d at p. 453, 194 Cal.Rptr. 390, 668 P.2d 697.)

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