Raef v. Super. Ct.Annotate this Case
Petitioner was charged with two violations of Vehicle Code, section 40008, subdivision (a), which increases the punishment for reckless driving and other traffic offenses committed with the intent to capture an image, sound recording, or other physical impression of another person for a commercial purpose. The trial court concluded that the statute was unconstitutional but the Appellate Division reversed the trial court's judgment. The court denied the petition for a writ of mandate, concluding that section 40008 does not violate the First Amendment because it is a law of general application that does not target speech or single out the press for special treatment. Further, the statute is neither vague nor overbroad.