California Vehicle Code VC 23624 – Separate Convictions: Constitutional Challenge

23624. Only one challenge shall be permitted to the constitutionality of a separate conviction of a violation of Section 14601, 14601.2, 23152, or 23153, which was entered in a separate proceeding. When a proceeding to declare a separate judgment of conviction constitutionally invalid has been held, a determination by the court that the separate conviction is constitutional precludes any subsequent attack on constitutional grounds in a subsequent prosecution in which the same separate conviction is charged. In addition, any determination that a separate conviction is unconstitutional precludes any allegation or use of that separate conviction in any judicial or administrative proceeding, and the department shall strike that separate conviction from its records. Pursuant to Section 1803, the court shall report to the Department of Motor Vehicles any determination upholding a conviction on constitutional grounds and any determination that a conviction is unconstitutional.

This section shall not preclude a subsequent challenge to a conviction if, at a later time, a subsequent statute or appellate court decision having retroactive application affords any new basis to challenge the constitutionality of the conviction.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23538 – Conditions of Probation: First Conviction

23538. (a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months.

(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(3) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.

(b) In any county where the board of supervisors has approved, and the State Department of Alcohol and Drug Programs has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation.

(1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.

(2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least ( )1 nine months or longer, as ordered by the court, in a licensed program that consists of at least ( )2 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.

(3) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.

(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).

(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Alcohol and Drug Programs. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered.

(d) This section shall become operative on September 20, 2005.

Added Sec. 16.5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
Amended Sec. 3, Ch. 164, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

1. "six"
2. "45"

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23216 – Legislative Intent

23216. (a) The provisions of Sections 2, 6, 7, and 10 expressly apply to the provisions of this article, and, further, for any recidivist or enhancement purpose, reference to an offense by section number is a reference to the provisions contained in that section, insofar as they were renumbered by Chapter 940 of the Statutes of 1981 without substantive change, and those provisions shall be construed as restatements and continuations thereof and not as new enactments.

(b) Any reference in the provisions of this code to a separate violation of Section 23152 shall include a separate offense under Section 23102 or 23105, as those sections read prior to January 1, 1982.

(c) Any reference in the provisions of the Vehicle Code to a separate violation of Section 23153 shall include a separate offense under Section 23101 or 23106 as those sections read prior to January 1, 1982.

(d) The provisions of this section are to be given retroactive effect.

Added Ch. 1205, Stats. 1984. Effective January 1, 1985.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23115 – Rubbish Vehicles

23115. (a) No vehicle transporting garbage, swill, used cans or bottles, wastepapers, waste cardboard, ashes, refuse, trash, or rubbish, or any noisome, nauseous, or offensive matter, or anything being transported for disposal or recycling shall be driven or moved upon any highway unless the load is totally covered in a manner that will prevent the load or any part of the load from spilling or falling from the vehicle.

(b) Subdivision (a) does not prohibit a rubbish vehicle from being without cover while in the process of acquiring its load if no law, administrative regulation, or local ordinance requires that it be covered in those circumstances.

(c) Vehicles transporting wastepaper, waste cardboard, or used cans or bottles, are in compliance with subdivision (a) if appropriate binders including, but not limited to, bands, wires, straps, or netting are used to prevent the load, or any part of the load, from spilling or falling from the vehicle.

(d) This section does not apply to any vehicle engaged in transporting wet waste fruit or vegetable matter, or waste products to or from a food processing establishment.

Amended Sec. 1, Ch. 279, Stats. 2001. Effective January 1, 2002.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 21208 – Permitted Movements from Bicycle Lanes

21208. (a) Whenever a bicycle lane has been established on a roadway pursuant to Section 21207, any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations:

1. When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if the overtaking and passing cannot be done safely within the lane.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
4. When approaching a place where a right turn is authorized.

(b) No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in Chapter 6 (commencing with Section 22100) in the event that any vehicle may be affected by the movement.

Amended Sec. 5, Ch. 674, Stats. 1996. Effective January 1, 1997.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Domestic Violence

According to California law, domestic violence (sometimes called domestic abuse or intimate partner abuse or domestic battery) means causing or attempting to cause bodily injury, and/or sexual assault against a spouse, a former spouse, a person you are dating, a person with whom you are living, a person with whom you used to live and/or a person with whom you had a child. Domestic violence can involve physical injury, or domestic violence can occur merely by threatening words.

The legal definition of an “intimate partner” for purposes of domestic violence includes husbands or wives, boyfriends or girlfriends, and same-sex partners. Therefore, any intimate partner, no matter the sex, can be a victim of domestic abuse. The law is very broad in terms of how the relationship giving rise to domestic violence is defined.

“Abuse” is likewise legally defined in very broad terms. Each of the following actions, among others, can lead to prosecution for domestic violence or intimate partner violence: hitting, slapping, punching, kicking, threatening with a weapon, threatening without a weapon, hitting with an object, hair pulling, burning, cutting, biting, stabbing and stalking. No matter how slight the physical touching was, the perpetrator of the action can be prosecuted. Some types of domestic violence charges do not even require any physical touching, such as stalking or criminal threats (Penal Code section 422).

Your intimate partner does not decide whether or not to press charges in a domestic violence case in California. Once the police are involved in the domestic violence situation, you and your intimate partner no longer have the choice of whether or not to prosecute. The decision of whether or not to file criminal charges in a domestic violence case is up to the prosecutor alone. He or she will decide whether or not to bring the domestic violence charge. It is incorrect (and dangerous) to believe that the domestic violence victim has the power to press charges or not; once law enforcement is involved, it is out of their hands.

Los Angeles, California Domestic Violence Defense Attorney

No matter what charges you are currently facing, a skilled criminal defense attorney can help. There are defenses for every criminal charge. In most cases, these domestic violence charges are based on one person’s word. A domestic violence lawyer understands that there are two sides to every story. This lawyer can help you gather evidence and proof for your side of the story. Do not think that these charges are hopeless. Speak with an experienced criminal defense attorney today to learn how you can save your reputation and keep your record clean. Do not hesitate to call on Los Angeles based criminal defense lawyer Darren T. Kavinoky if you would like a FREE case evaluation.

Superior Court Of California, County of San Luis Obispo

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

San Luis Obispo County Superior Court
1035 Palm Street, San Luis Obispo, CA 93408

Grover Beach Branch
214 South 16th Street, Grover Beach, CA 93433

Family Court Services
1120 Mill Street, San Luis Obispo, CA 93408

Veterans Memorial Building
801 Grand Avenue, San Luis Obispo, CA 93401

Criminal Court Operations
1050 Monterey Street, San Luis Obispo, CA 93408

Paso Robles Branch
549 10th Street, Paso Robles, CA 93446

Juvenile Services Center
1065 Kansas Avenue, San Luis Obispo, CA 93408

» San Luis Obispo County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

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California Vehicle Code Division 6 – Driver’s Licenses

Chapter 2: Suspension or Revocation of Licenses
Article 3: Suspension and Revocation by Department of motor vehicles

• VC 13350 – Required Revocation
• VC 13350.5 – Vehicular Manslaughter
• VC 13351 – Additional Required Revocations
• VC 13351.5 – Assault With Deadly Weapon: Motor Vehicles
• VC 13351.8 – Road Rage: Required Suspension
• VC 13351.85 – Towing Service: Required Suspension
• VC 13352 – Suspension or Revocation for DUI or Speed Contest
• VC 13352.2 – DUI Program: Proof of Enrollment and Completion
• VC 13352.3 – Minor: Revocation of Driving Privilege
• VC 13352.4 – 1st Offense: Completion of DUI Program and Restricted Driver’s License
• VC 13352.5 – Restricted Driver’s License: Second Offense
• VC 13352.6 – DUI Conviction: Persons Under 21: Required Suspension
• VC 13353 – Refusal of Chemical Test
• VC 13353.1 – Refusal to Take Preliminary Alcohol Screening Test
• VC 13353.2 – Immediate Suspension
• VC 13353.3 – Order of Suspension
• VC 13353.4 – Prohibitions: Restoration or Restricted Driving Privilege
• VC 13353.45 – Treatment Program: Certificate of Completion
• VC 13353.5 – Restoration of Driving Privilege: Nonresidents
• VC 13353.6 – Commercial Driver’s License: Suspension and Restriction
• VC 13353.7 – Restricted Noncommercial Driver’s License
• VC 13353.8 – Restricted License: Persons Under 21
• VC 13354 – Driver’s License Actions: Consecutive
• VC 13355 – Driving in Excess of 100 Miles Per Hour: Suspension
• VC 13357 – Action Required for Auto Theft
• VC 13359 – Grounds for Suspension or Revocation
• VC 13360 – Violation of License Restrictions
• VC 13361 – Grounds for Suspension
• VC 13362 – Surrender of License Erroneously Issued
• VC 13363 – Conviction in Another State
• VC 13364 – Dishonored Check
• VC 13365 – Suspension for Failure to Appear
• VC 13365.2 – Driving Privilege Suspension: Failure to Appear
• VC 13365.5 – Suspension for Failure to Comply with a Court Order
• VC 13366 – Effective Date of Suspension or Revocation
• VC 13366.5 – Commercial Driving Privilege: Effective Date of Suspension or Revocation
• VC 13367 – Determining Minor’s Suspension
• VC 13368 – Driver Training Requirement
• VC 13369 – Refusal to Issue or Renew, Suspension, or Revocation of Certificate or Endorsement
• VC 13370 – Denial, Suspension, or Revocation of Certificate
• VC 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing
• VC 13372 – Denial, Suspension, or Revocation of Ambulance Driver Certificate
• VC 13373 – Dismissal of Ambulance Driver or Attendant: Grounds
• VC 13374 – Refusal to Issue or Renew, Suspension, or Revocation of Ambulance Driver Certificate
• VC 13375 – Definition of Conviction
• VC 13376 – Denial, Revocation, Add or Suspension of Driver Certificates

California Vehicle Code Division 11 – Rules of the Road

Chapter 1: Obedience to and Effect of Traffic Laws
Article 4: Operation of Bicycles

• VC 21200 – Laws Applicable to Bicycle Use: Peace Officer Exemption
• VC 21200.5 – Riding Bicycle Under Influence of Alcohol or Drugs
• VC 21201 – Equipment Requirements
• VC 21201.3 – Bicycle or Motorized Bicycle Lights
• VC 21201.5 – Reflectorized Equipment
• VC 21202 – Operation on Roadway
• VC 21203 – Hitching Rides
• VC 21204 – Riding on Bicycle
• VC 21205 – Carrying Articles
• VC 21206 – Local Regulation
• VC 21207 – Bicycle Lanes
• VC 21207.5 – Motorized Bicycles: Prohibited Operation
• VC 21208 – Permitted Movements from Bicycle Lanes
• VC 21209 – Motor Vehicles and Motorized Bicycles in Bicycle Lanes
• VC 21210 – Bicycle Parking
• VC 21211 – Obstruction of Bikeways or Bicycle Paths or Trails
• VC 21212 – Youth Bicycle Helmets: Minors

Chapter 12: Public Offenses
Article 1: Driving Offenses

• VC 23100 – Application of Chapter
• VC 23103 – Reckless Driving
• VC 23103.5 – Guilty Plea to Lesser Charge
• VC 23104 – Reckless Driving: Bodily Injury
• VC 23109 – Speed Contests
• VC 23109.2 – Vehicle Impoundment: Speed Contests
• VC 23109.5 – Speed Contests: Prior Convictions
• VC 23110 – Throwing Substances at Vehicles
• VC 23111 – Throwing Substances on Highways or Adjoining Areas
• VC 23112 – Throwing, Depositing, or Dumping Matter on Highway
• VC 23112.5 – Notification of Hazardous Spill
• VC 23113 – Removal of Material From Highway
• VC 23114 – Spilling Loads on Highways
• VC 23115 – Rubbish Vehicles
• VC 23116 – Carrying Persons in the Back of a Motor Truck
• VC 23117 – Carrying Animal in Motor Truck
• VC 23120 – Temple Width of Glasses
• VC 23125 – School bus or Transit Vehicle Drivers: Prohibition Against Use of Wireless Telephone
• VC 23127 – Trails and Paths
• VC 23128 – Snowmobiles
• VC 23129 – Camper Exits
• VC 23135 – Operation of Modified Motorized Bicycle

Chapter 12: Public Offenses
Article 1.3: Driving Offenses

• VC 23136 – PAS Persons Under 21: Preliminary Screening Device

Chapter 12: Public Offenses
Article 1.5: Juvenile Offenses Involving Alcohol

• VC 23140 – Alcohol: Persons Under 21

Chapter 12: Public Offenses
Article 2: Offenses Involving Alcohol or Drugs

• VC 23152 – Driving Under Influence of Alcohol or Drugs
• VC 23153 – Driving Under Influence of Alcohol or Drugs Causing Injury
• VC 23158 – Chemical Test Procedure
• VC 23213 – Rehabilitation Facilities: Vehicles on Premises
• VC 23215 – Enforcement Off the Highway
• VC 23216 – Legislative Intent
• VC 23217 – Legislative Declarations: Mandatory Minimum Penalties for Multiple Offenses
• VC 23220 – Drinking While Driving
• VC 23221 – Drinking in Motor Vehicle
• VC 23222 – Possession of Marijuana or Open Container While Driving
• VC 23223 – Possession of Open Container in Motor Vehicle
• VC 23224 – Possession of Alcohol in Vehicle: Person Under 21
• VC 23225 – Storage of Opened Container
• VC 23226 – Storage of Opened Container in Passenger Compartment
• VC 23229 – Possession of Alcoholic Beverages: Exceptions
• VC 23229.1 – Possession of Alcohol in Limousine: Passengers Under Age 21

Chapter 12: Public Offenses
Article 4: Ignition Interlock Device

• VC 23247 – Ignition Interlock Device Prohibitions
• VC 23249 – Study and Report to the Legislature

Chapter 12: Public Offenses
Article 5: Alcohol and Drug Problem Assessment Program

• VC 23249.50 – Legislative Intent

California Vehicle Code Division 11.5 – Sentencing for Driving While Under the Influence

Chapter 2: Court Penalties
Article 1: General Provisions

• VC 23530 – General Provisions

Chapter 2: Court Penalties
Article 2: Penalties for a Violation of Section 23152

• VC 23536 – Penalty: First Conviction
• VC 23538 – Conditions of Probation: First Conviction
• VC 23540 – Penalty: Second Offense Within Ten Years
• VC 23542 – Conditions of Probation: Second Offense Within Ten Years
• VC 23546 – Penalty: Third Conviction Within Ten Years
• VC 23548 – Conditions of Probation: Third Conviction Within Ten Years
• VC 23550 – Penalty: Fourth or Subsequent Conviction Within Ten Years
• VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction
• VC 23552 – Conditions of Probation

Chapter 2: Court Penalties
Article 3: Penalties for a Violation of Section 23153

• VC 23554 – Penalty: First Conviction
• VC 23556 – Conditions of Probation: First Conviction
• VC 23558 – Multiple Victims: Enhanced Penalty
• VC 23560 – Penalty: Second Conviction Within Ten Years
• VC 23562 – Conditions of Probation: Second Offense Within Ten Years
• VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years
• VC 23568 – Conditions of Probation: Third or Subsequent Conviction Within Ten Years

Chapter 2: Court Penalties
Article 4: Additional Punishments

• VC 23572 – Minor Passenger: Enhanced Penalty

Chapter 2: Court Penalties
Article 5: Additional Penalties and Sanctions

• VC 23575 – Authorized and Mandatory Installation of Ignition Interlock Device
• VC 23576 – Exception for Operation of Vehicle
• VC 23577 – Chemical Testing: Refusal to Take or Failure to Complete: Enhanced Penalties
• VC 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties
• VC 23580 – Repeat Offenders: Mandatory Imprisonment
• VC 23582 – Speeding: Additional Penalty

Chapter 2: Court Penalties
Article 6: Additional Court-imposed Orders and Directions

• VC 23592 – Impounding Vehicles
• VC 23594 – Impoundment of Vehicles
• VC 23596 – Vehicle Declared Nuisance: Sale of Vehicle

Chapter 2: Court Penalties
Article 7: Alternative to Alcohol or Drug Education Program

• VC 23598 – Alternative to Alcohol or Drug Education Program

Chapter 3: Probation

• VC 23600 – Sentencing: Minimum Probation Conditions
• VC 23601 – Probation: Payment of Money
• VC 23602 – Penalty: Violation of Probation

Chapter 4: Court Penalties
Article 1: Alternative to Alcohol or Drug Education Program

• VC 23610 – Blood Alcohol Level: Presumptions Affecting Burden of Proof
• VC 23612 – Implied Consent for Chemical Testing
• VC 23614 – Breath and Chemical Testing: Advisement

Chapter 4: Court Penalties
Article 2: Prior and Separate Offenses

• VC 23620 – Vehicular Manslaughter: Separate Offense
• VC 23622 – Prior Convictions: Sentencing
• VC 23624 – Separate Convictions: Constitutional Challenge
• VC 23626 – Effect of Conviction in Another Jurisdiction

Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a consultation and legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13353.3 – Order of Suspension

13353.3. (a) An order of suspension of a person’s privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

(b) The period of suspension of a person’s privilege to operate a motor vehicle under Section 13353.2 is as follows:

1. Except as provided in Section 13353.6, if the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, of Section 191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of Section 192 of that code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occurrence occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months.
2. (2) If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, Section 23140, 23152, or 23153, Section 191.5 of the Penal Code, or paragraph (3) of subdivision (c) of Section 192 of that code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occasion occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year.
3. (3) Notwithstanding any other provision of law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.

(c) If a person’s privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.

(d) For the purposes of this section, a conviction of any offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.

(e) This section shall become operative on September 20, 2005.

Added Sec. 8.5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13365 – Suspension for Failure to Appear

13365. (a) Upon receipt of notification of a violation of subdivision (a) or (b) of Section 40508 the department shall take the following action:

1. If the notice is given pursuant to subdivision (a) or (b) of Section 40509, if the driving record of the person who is the subject of the notice contains one or more prior notifications of a violation issued pursuant to Section 40509 or 40509.5, and if the person’s driving privilege is not currently suspended under this section, the department shall suspend the driving privilege of the person.
2. If the notice is given pursuant to subdivision (a) or (b) of Section 40509.5, and if the driving privilege of the person who is the subject of the notice is not currently suspended under this section, the department shall suspend the driving privilege of the person.

(b) A suspension under this section shall not be effective before a date 60 days after the date of receipt, by the department, of the notice given specified in subdivision (a), and the notice of suspension shall not be mailed by the department before a date 30 days after receipt of the notice given specified in subdivision (a).

The suspension shall continue until the suspended person’s driving record does not contain any notification of a violation of subdivision (a) or (b) of Section 40508.

Amended Sec. 57, Ch. 877, Stats. 1998. Effective January 1, 1999.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.