People v. Givan

233 Cal. App. 4th 335 (2015)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

People v. Givan

California Court of Appeals
233 Cal. App. 4th 335 (2015)

KL

Facts

One morning around 8:00 a.m., DeMarcus Monte Givan (defendant) ran a red light while driving over the speed limit and struck another car. Police officers at the scene noticed he had red, watery eyes and a faint odor of alcohol and was not rational or coherent while talking to officers. Givan was taken to the hospital, and a blood test reported his blood alcohol level at 0.17 percent. Givan was charged with driving under the influence and causing bodily injury, a general-intent crime. At trial, Givan’s defense was that he did not believe he was intoxicated when he drove his car, testifying that he drank alcohol for about two to three hours the night before the accident, including cocktails made by mixing cognac with energy drinks. Givan claimed he stopped drinking by 10:00 p.m. the night before the accident and introduced an expert who testified that consuming an energy drink before alcohol can delay the effects of alcohol on the drinker and that the energy drink acts as a stimulant, counteracting the depressant effect of alcohol and reducing the drinker’s awareness about how the alcohol is affecting him. The jury found Givan guilty, and he appealed, arguing that the judge should have instructed the jury on the mistake-of-fact defense based on Givan’s mistaken belief about his intoxication level.

Rule of Law

Issue

Holding and Reasoning (Kane, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership