Sava

The sole question raised in this appeal is whether, pursuant to People v. Geiger (1984) 35 Cal.3d 510 [199 Cal.Rptr 45, 674 P.2d 1303 , 50 A.L.R. 4th 1055 ], a defendant in a misdemeanor drunk driving prosecution is entitled upon request to jury instructions on vehicle code infractions based upon a claim the infractions are lesser related offenses. This appeal is on certification from the Appellate Department of the Superior Court of San Diego County, which affirmed defendant Megan Rose Sava’s municipal court conviction of driving under the influence (Veh. Code, § 23152, subd. (a)).

Background

On February 8, 1985, a complaint was filed in municipal court charging defendant Megan Rose Sava (Sava) with driving under the influence of alcohol (Veh. Code, §23152, subd. (a)) and with driving a vehicle while having a blood alcohol level of 0.10 percent or more (Veh. Code, § 23152, subd. (b)). The complaint also charged Sava with a prior misdemeanor reckless driving conviction (Veh. Code, § 23103) in connection with each of the drunk driving charges. These charges were tried before a jury.

The court refused Sava’s requested jury instructions on speeding (Veh. Code, §22348) and…