McKim

BACKGROUND

In August 2024, McKim admitted to police officers that he lost control of a motorized scooter and crashed it after he drank alcohol. Later, the Yolo County District Attorney’s Office charged him with four offenses: misdemeanor driving a vehicle under the influence of alcohol (§ 23152, subd. (a); count 1); misdemeanor driving a vehicle with a blood-alcohol content over 0.08 percent (§ 23152, subd. (b); count 2); operation of a motorized scooter while under the influence of alcohol or drugs (§ 21221.5; count 3); and operating a vehicle without a valid license (§ 12500, subd. (a); count 4). After the trial court denied McKim’s motion to dismiss counts 1 and 2, he filed a petition for writ of mandate or prohibition in the trial court’s appellate division. The appellate division summarily denied the petition.

2 While the court explained the reasons for its ruling in a nine-page “speaking order” (City of San Jose v. Superior Court (1993) 5 Cal.4th 47, 50), the summary denial is not the focus of the instant matter because the appellate division did not create a cause or make law of the case when it decided the matter without issuing an order to show cause. (See Kowis v.…