Joseph

In these consolidated writ proceedings we conclude that first offense driving under the influence cases are subject to the Vehicle Code section 41500 prohibition against prosecution of offenses pending when a defendant is committed to the custody of the Director of Corrections, unless the complaint alleges that the offense took place in a vehicle which requires a class 1 or class 2 license to operate. We also determine that section 41500 applies after a defendant’s release from custody, and that the existence of a precommitment bench warrant has no effect on the application of the section.

Factual and Procedural Summary

Calderon

The first of these consolidated writ petitions is People v. Superior Court (Calderon). The prosecution and the defense agree on the essential facts in that case, which may be briefly summarized.

On May 19, 1987, the prosecution filed a misdemeanor complaint charging Mr. Calderon with a violation of section 23152, subdivision (a), driving while under the influence of alcohol; a violation of section 23152, subdivision (b), driving with a blood-alcohol level of .10 percent or above; and a violation of section 14601.1, subdivision (a), driving…