Skip to content

Court Dismissal of Strict Liability Offense and State Law Preemption of Local Ordinance

Case Name: Wheeler v. Appellate Division of Superior Court (2021) 72 Cal.App.5th 824, review granted 3/16/2022
Case #: S272850/B310024
Last Updated: March 16, 2022

(1) Can a trial court dismiss a strict liability offense pursuant to Penal Code section 1385 based in part on a defendant’s lack of knowledge concerning the offense? (2) Does state law preempt a local ordinance when both prohibit the same conduct and the state law has a mens rea component that the local ordinance does not?

Link to Article