California v. Hendrix
Annotate this CaseDefendant Jeremy Hendrix entered a plea of no contest to driving with a blood-alcohol content (BAC) of 0.08 or higher, admitted an allegation his BAC was 0.15 or higher, and was placed on informal probation. Prior to entering this plea, defendant moved to dismiss the case pursuant to Penal Code section 654 and Kellett v. Superior Court, 63 Cal.2d 822 (1966), arguing his payment of a fine associated with a traffic citation issued during the traffic stop that resulted in his arrest for driving under the influence (DUI) barred subsequent prosecution for the DUI offense. The trial court denied the Kellett motion. Finding no reversible error in denying the Kellett motion, the Court of Appeal affirmed.
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