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California Vehicle Code VC 21201.3 – Bicycle or Motorized Bicycle Lights

Posted by on May 4, 2012

21201.3. (a) A bicycle or motorized bicycle used by a peace officer, as defined in Section 830.1 of, subdivision (a), (b), (c), (d), (e), (f), (g), or (i) of Section 830.2 of, subdivision (b) or (d) of Section 830.31 of, subdivision (a) or (b) of Section 830.32 of, Section 830.33 of, subdivision (a) of Section 830.36 of, subdivision (a) of Section 830.4 of, or Section 830.6 of, the Penal Code, in the performance of the peace officer’s duties, may display a steady or flashing blue warning light that is visible from the front, sides, or rear of the bicycle or motorized bicycle.

(b) No person shall display a steady or flashing blue warning light on a bicycle or motorized bicycle except as authorized under subdivision (a).

Added Sec. 65, Ch. 877, Stats. 1998. Effective January 1, 1999.

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California Vehicle Code VC 23602 – Penalty: Violation of Probation

Posted by on May 4, 2012

California Vehicle Code VC 23602 – Penalty: Violation of Probation

23602. Except as otherwise expressly provided in this code, if a person has been convicted of a violation of Section 23152 or 23153 and the court has suspended execution of the sentence for that conviction and has granted probation, and during the time of that probation, the person is found by the court to have violated a required term or condition of that probation, the court shall revoke the suspension of sentence, revoke or terminate probation, and shall proceed in the manner provided in subdivision (c) of Section 1203.2 of the Penal Code.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 41, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.

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California Vehicle Code VC 23614 – Breath and Chemical Testing: Advisement

Posted by on May 4, 2012

California Vehicle Code VC 23614 – Breath and Chemical Testing: Advisement

23614. (a) In addition to the requirements of Section 23612, a person who chooses to submit to a breath test shall be advised before or after the test that the breath-testing equipment does not retain any sample of the breath and that no breath sample will be available after the test which could be analyzed later by that person or any other person.

(b) The person shall also be advised that, because no breath sample is retained, the person will be given an opportunity to provide a blood or urine sample that will be retained at no cost to the person so that there will be something retained that may be subsequently analyzed for the alcoholic content of the person’s blood. If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially.

(c) The person shall also be advised that the blood or urine sample may be tested by either party in any criminal prosecution. The failure of either party to perform this test shall place neither a duty upon the opposing party to perform the test nor affect the admissibility of any other evidence of the alcoholic content of the blood of the person arrested.

(d) No failure or omission to advise pursuant to this section shall affect the admissibility of any evidence of the alcoholic content of the blood of the person arrested.

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

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California Vehicle Code VC 23249.50 – Legislative Intent

Posted by on May 4, 2012

California Vehicle Code VC 23249.50 – Legislative Intent

23249.50. (a) The Legislature finds and declares all of the following:

Driving under the influence of an alcoholic beverage or a drug is a serious problem, constituting the largest group of misdemeanor violations in many counties.
Studies of first offenders have found that more than half of first offenders are alcoholics or problem drinkers. There are higher percentages of problem drinkers among second offenders than among first offenders.
As the link between the health and legal aspects of the problem has become recognized, the courts have sought more information on a presentence basis in determining the appropriate sentence.
Laws relating to driving under the influence of an alcoholic beverage or a drug allow the courts to order a presentence investigation to determine whether a person can benefit from an education, training, or treatment program. The Legislature thus finds that, to adequately assess whether an individual arrested for driving under the influence of an alcoholic beverage or a drug is chemically dependent, it is important to develop and implement screening programs in order to continue to address the problem of driving under the influence of alcoholic beverages or drugs in the state.

(b) It is therefore the intent of the Legislature to establish an additional procedure to assist the courts in the use of presentence investigations of individuals convicted of driving under the influence of an alcoholic beverage or a drug and to enable the courts to make appropriate dispositions in these cases. As part of this process, the courts should obtain and consider a presentence investigation report detailing the defendant’s driving and criminal record, and, where possible, an alcohol or drug problem assessment report. In all cases, an alcohol or drug problem assessment report should be completed by qualified personnel prior to the determination of an education or treatment plan and subsequent sentencing by the courts.

Repealed and Added, Ch. 160, Stats. 1988. Effective January 1, 1989.

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California Vehicle Code VC 23158 – Chemical Test Procedure

Posted by on May 4, 2012

California Vehicle Code VC 23158 – Chemical Test Procedure

23158. (a) Notwithstanding any other provision of law, only a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, a person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic acting at the request of a peace officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath specimens. An emergency call for paramedic services takes precedence over a peace officer’s request for a paramedic to withdraw blood for determining its alcoholic content. A certified paramedic shall not withdraw blood for this purpose unless authorized by his or her employer to do so.

(b) The person tested may, at his or her own expense, have a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or any other person of his or her own choosing administer a test in addition to any test administered at the direction of a peace officer for the purpose of determining the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of his or her blood, breath, or urine. The failure or inability to obtain an additional test by a person does not preclude the admissibility in evidence of the test taken at the direction of a peace officer.

(c) Upon the request of the person tested, full information concerning the test taken at the direction of the peace officer shall be made available to the person or the person’s attorney.

(d) Notwithstanding any other provision of law, no licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, or hospital, laboratory, or clinic employing or utilizing the services of the licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, owning or leasing the premises on which tests are performed, shall incur any civil or criminal liability as a result of the administering of a blood test in a reasonable manner in a hospital, clinical laboratory, medical clinic environment, jail, or law enforcement facility, according to accepted venipuncture practices, without violence by the person administering the test, and when requested in writing by a peace officer to administer the test.

(e) Notwithstanding any other provision of law, a person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code and who is authorized by this section to draw blood at the request and in the presence of a peace officer for purposes of determining its alcoholic content, may do so in a jail, law enforcement facility, or medical facility, with general supervision. The "certified phlebotomy technician" shall draw blood following the policies and procedures approved by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, appropriate to the location where the blood is being drawn and in accordance with state regulations.

(f) The Certified Phlebotomy Technician I or II shall carry a current, valid identification card issued by the State Department of Health Services, attesting to the technician’s name, certificate type, and effective dates of certification, when performing blood withdrawals.

(g) As used in this section, "general supervision" means that the supervisor of the technician is licensed under the Business and Professions Code as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, and reviews the competency of the technician before the technician may perform blood withdrawals without direct supervision, and on an annual basis thereafter. The supervisor is also required to review the work of the technician at least once a month to ensure compliance with venipuncture policies, procedures, and regulations. The supervisor, or another person licensed as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, shall be accessible to the location where the technician is working to provide onsite, telephone, or electronic consultation, within 30 minutes when needed.

(h) Nothing in this section shall be construed as requiring the certified phlebotomy technician who is authorized to withdraw blood by this section at the request and in the presence of a peace officer for purposes of determining alcoholic content to be associated with a clinical laboratory or to be directly supervised after competency has been established.

(i) If the test given under Section 23612 is a chemical test of urine, the person tested shall be given such privacy in the taking of the urine specimen as will ensure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved.

(j) The department, in cooperation with the State Department of Health Services or any other appropriate agency, shall adopt uniform standards for the withdrawal, handling, and preservation of blood samples prior to analysis.

(k) As used in this section, "certified paramedic" does not include any employee of a fire department.

(l) Consent, waiver of liability, or the offering to, acceptance by, or refusal of consent or waiver of liability by the person on whom a test is administered, is not an issue or relevant to the immunity from liability for medical or law enforcement personnel orother facilities designated under subdivision (d).

Amended Sec. 30, Ch. 118, Stats. 1998. Effective January 1, 1999.
Amended Sec. 2, Ch. 14, Stats. 2004. Effective February 11, 2004

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California Vehicle Code VC 23112 – Throwing, Depositing, or Dumping Matter on Highway

Posted by on May 4, 2012

California Vehicle Code VC 23112 – Throwing, Depositing, or Dumping Matter on Highway

23112. (a) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind.

(b) No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks, refuse, garbage, or dirt in or upon any highway, including any portion of the right-of-way thereof, without the consent of the state or local agency having jurisdiction over the highway.

Amended Ch. 74, Stats. 1980. Effective January 1, 1981.

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California Vehicle Code VC 21205 – Carrying Articles

Posted by on May 4, 2012

California Vehicle Code VC 21205 – Carrying Articles

21205. No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.

Added Ch. 479, Stats. 1963. Effective September 20, 1963.

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California Criminal Defense Attorney DUI / DWI Plea Bargains

Posted by on May 4, 2012

California Criminal Defense Attorney DUI / DWI Plea Bargains

One may plead guilty to a charge of driving while intoxicated or driving under the influence. Generally a California DUI / DWI attorney will help the client assess the strength the of the prosecutor’s case before making any such decision. The prosecutor will also assess the case. Based on their assessment, they will offer the driver a plea bargain.

A DUI / DWI lawyer will try to get the charge reduced. If one is charged with felony drunk driving one might seek a reduced charge of misdemeanor driving under the influence. When one is charged with a misdemeanor DUI, often an attempt to seek lesser charges such wet-reckless or dry-reckless will take place.

Generally, the first three drunk driving offenses are charged as misdemeanors while a fourth DUI / DWI within ten years will be charged as a felony. If a person is injured or killed, a first, second, or third driving under the influence offense will be charged as a felony.

The minimum sentence for a first time DUI / DWI in California is 36 months of informal probation, 12 weeks of alcohol education classes, close to $1,500 in court fines and penalties, a 90 day driver’s license restriction as well as six month suspension imposed by the DMV if the driver is not successful at the DMV hearing.

A second drunk driving offense within 10 years will result a minimum of 10 days in county jail and 18 months of alcohol education classes. Furthermore, the DMV will institute a two years suspension of the driver’s license. After one year the driver will be eligible to apply for a restricted license.

Third time drunk driving offenders will face 120 days in county jail and extensive alcohol education classes. The Department of Motor Vehicles will suspend driving privileges for three years. A restricted license may be available after two years of suspension.

A fourth DUI / DWI offense in California will be charged as a felony. Punishment will include 180 days in county jail, 18 months of alcohol education classes, fines and probation. The driver’s license will be suspended for four years with eligibility for a restricted license coming after three years.

The second type of felony DUI happens when the driver has been in an accident. Restitution is required in cases of injury. The injured party must be repaid for the damages they suffered. As well as requiring restitution, the driver will be sentenced to jail, fined, and have their driver’s license suspended. Extensive alcohol education classes will be ordered by the court.

There are factors that will result in an increase of the minimum punishments. Those factors include a refusal to take a chemical test, a BAC of .20 percent or higher, speeding at 20 miles per hour above the speed limit on side streets and 30 miles per hour when driving on freeways. Reckless driving while under the influence, causing a traffic accident, or having a minor in the car will also worsen the punishment. Prior DUIs and being under 21 will also have exacerbate the sentence.

When a jury trial is not a good option, a DUI / DWI lawyer will try to achieve a fair compromise from the prosecutor. While some punishments in plea may seem harsh, they can be better than the alternative at trial.

Superior Court Of California, County of Riverside

Posted by Brianna Wilkins on May 4, 2012

Superior Court Of California, County of Riverside

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 Riverside, CA criminal defense attorney for more information.

Riverside County Superior Court – Riverside Historic Courthouse
4050 Main Street, Riverside, CA 92501

Riverside Hall of Justice
4100 Main Street, Riverside, CA 92501

Riverside Juvenile Court
9991 County Farm Road, Riverside, CA 92503

Southwest Justice Center – Murrieta
30755-D Auld Road, Murrieta, CA 92563

Moreno Valley Court
13800 Heacock Street, Bldg. D #201, Moreno Valley, CA 92553

Banning Court
135 N. Alessandro Road, Banning, CA 92220

Hemet Court
880 N. State Street, Hemet, CA 92543

Temecula Court
41002 County Center Drive #100, Temecula, CA 92591

Larson Justice Center – Indio
46-200 Oasis Street, Indio, CA 92201

Indio Juvenile Court
47-671 Oasis Street, Indio, CA 92201

Blythe Court
265 N. Broadway, Blythe, CA 92225

» Riverside 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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Physical signs and symptoms of marijuana use

Posted by on May 4, 2012

Physical signs and symptoms of marijuana use

Driving under the influence of marijuana is not as easily detectable as driving under the influence of alcohol. Alcohol consumption, in quantities large enough to cause impairment, produces obvious physical signs and symptoms in an individual, whereas marijuana use isn’t quite as recognizable. There are, however, certain physical characteristics that are associated with marijuana use that a trained officer may look for when conducting this type of investigation. Hiring a skilled California DUI attorney who knows how to effectively challenge this type of physical evidence is the best defense that the accused can employ.

Red eyes, the odor of marijuana on one’s person or emanating from one’s breath, an increased appetite and dry mouth are among the most common physical symptoms of marijuana use. Anyone familiar with the effects of marijuana may recognize these signs when trying to determine if another has been smoking or otherwise using this drug. In addition to these, there are other physical signs and symptoms that an officer will look for if he or she suspects that a driver may be under the influence of marijuana. If the officer has been qualified as a drug recognition expert (a.k.a. a DRE), he or she will look for more specific signs that may go unnoticed by an individual who hasn’t received training on the effects that marijuana has on one’s body.

In addition to those symptoms noted above, an individual who has used marijuana may also noticeably display debris of marijuana in his or her mouth, body tremors and eyelid tremors. He or she may appear to be relaxed (or in some cases just the opposite – paranoid and/or anxious), less inhibited, disoriented and/or may suffer from a lapse in short term memory and have difficulty judging time and distance.

If called to the scene, a DRE will ask a series of questions (designed to elicit incriminating statements) conduct a series of tests (some will be field sobriety tests – FSTs- that the investigating officer already conducted) and will make certain observations about the driver’s body. The DRE officer will observe the suspect’s eyes, checking for pupil size (use usually produces dilation) and horizontal gaze nystagmus and vertical nystagmus, neither of which should be present if marijuana was used. He or she will measure the suspect’s blood pressure and pulse, both of which would likely be elevated if the accused used marijuana. The officer will also look at the driver’s muscle tone, which would appear normal even if marijuana had been used.

Balance and coordination are also analyzed by the officer while the accused performs the field sobriety tests. When evaluating these “tests,” the officer is looking for anything indicative of use, which might be slower reaction time and a difficulty following directions. The attitude of the suspect is also closely examined.

Physical signs and symptoms of marijuana use are plentiful, but not always accurate. An experienced criminal defense lawyer who specializes in driving under the influence of drugs (DUID) knows that there are always conditions unrelated to drugs or alcohol that can legitimately explain the signs and symptoms that an officer may observe and link to impairment. Illness, fatigue, allergies and nerves can all affect one’s physical appearance and one’s balance and coordination. A good defense attorney will try to convince the judge and jury that the officer conducted a biased investigation, only gathering evidence that pointed to the driver’s guilt, dismissing any evidence that pointed to his or her innocence. In addition, a practiced attorney knows that the issue isn’t whether the accused used marijuana, but whether he or she was under its influence. It is the in-depth knowledge about these types of defenses and strategies that necessitates an attorney who focuses on California D.U.I. defense. The outstanding attorneys at The Kavinoky Law Firm do just that and have the results to prove it. They are dedicated to protecting their clients from the devastating penalties that are often imposed in connection with driving under the influence. Contact them today for a free consultation and for unsurpassed representation.