Ireland

Defendant Randy A. Ireland was charged by complaint in municipal court with misdemeanor offenses of driving under the influence of alcohol (Veh. Code, §23152, subd. (a)), and driving with .08 percent or more, by weight, of alcohol in his blood (§ 23152, subd. (b)).

The jury found defendant guilty on the section 23152, subdivision (b) count, but hung on the section 23152, subdivision (a) count. The trial court declared a mistrial on the subdivision (a) count, then later dismissed that count conditioned “upon ratification of verdict.”

Defendant appealed to the appellate department of the superior court, which affirmed the judgment. More than a year later, the appellate department recalled the remittitur and certified the appeal to us. We accepted the transfer of the appeal because of the importance of the issues raised.

During the pendency of the appeal with this court, defendant requested that judicial notice be taken of certain scientific literature and legislative histories. Respondent interposed no objection. We decided to consider that request together with the consideration of the merits of this appeal. We now resolve to take judicial notice of the legislative…