Category: Weapons Offenses

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California Vehicle Code VC 23247 – Ignition Interlock Device Prohibitions

Posted by on May 4, 2012

23247. (a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352 or 23575, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person, whose driving privilege is restricted pursuant to Section 13352 or 23575 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.

(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352 or 23575 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.

(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352 or 23575.

(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.

(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352 or 23575 to operate any vehicle not equipped with a functioning ignition interlock device.

(f) Any person convicted of a violation of this section shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.

(g) (1) If any person whose driving privilege is restricted pursuant to Section 13352 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person’s driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.

(2) If any person who is restricted pursuant to subdivision (a) or (l) of Section 23575 is convicted of a violation of subdivision (e), the department shall suspend the person’s driving privilege for one year from the date of the conviction.

(h) Notwithstanding any other provision of law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.

Added Ch. 694, Stats. 1992. Effective January 1, 1993.
Amended Ch. 1244, Stats. 1993. Effective January 1, 1994.
Amended Ch. 1237, Stats. 1994. Effective September 30, 1994.
Amended Sec. 22, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended Sec. 28, Ch. 22, Stats. 1999. Effective May 26, 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.
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California Vehicle Code VC 23152 – Driving Under Influence of Alcohol or Drugs

Posted by on May 4, 2012

California Vehicle Code VC 23152 – Driving Under Influence of Alcohol or Drugs

23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995

NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.

23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.

Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.

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California Vehicle Code VC 23110 – Throwing Substances at Vehicles

Posted by on May 4, 2012

California Vehicle Code VC 23110 – Throwing Substances at Vehicles

23110. (a) Any person who throws any substance at a vehicle or any occupant thereof on a highway is guilty of a misdemeanor.

(b) Any person who with intent to do great bodily injury maliciously and wilfully throws or projects any rock, brick, bottle, metal or other missile, or projects any other substance capable of doing serious bodily harm at such vehicle or occupant thereof is guilty of a felony and upon conviction shall be punished by imprisonment in the state prison.

Amended Ch. 1119, Stats. 1976. Effective January 1, 1977. Supersedes Ch. 1139.

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California Vehicle Code VC 21204 – Riding on Bicycle

Posted by on May 4, 2012

California Vehicle Code VC 21204 – Riding on Bicycle

21204. (a) No person operating a bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto.

(b) No operator shall allow a person riding as a passenger, and no person shall ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

Amended Ch. 1000, Stats. 1993. Effective January 1, 1994.

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California Criminal Defense Attorney – Wet-Reckless Plea

Posted by on May 4, 2012

California Criminal Defense Attorney – Wet-Reckless Plea

One may plead guilty to a variety of charges relating to driving while intoxicated or driving under the influence of alcohol or drugs. A criminal defense attorney will help to determine the nature of the charges and of the prosecutor’s ability to back up the charges with good evidence before making any decision.

An attorney skilled in defending drinking and driving cases will try to get the charge reduced. If the charge is felony DUI, misdemeanor driving under the influence will be a reduced charge. When one is charged with a misdemeanor drunk driving, lesser charges that one might seek that carry less harsh punishments include a wet-reckless or a dry-reckless.

A California DUI / DWI attorney knows that sometimes it is better to accept a plea bargain than to go to trial in a drunk driving cases. The plea negotiations in a drunk driving case will often depend on the strength of the prosecution’s case. A weak case may result in an offer that may be too good to turn down.

A plea bargain is a compromise between the criminal defense attorney and the prosecution. If the prosecution does not feel that they will be able to win at trial, they will offer a deal to the defendant. If the prosecutor believes strongly in their case, they may not offer any compromise. A DUI / DWI lawyer will discuss the case with prosecutor and try to iron out a deal that will spare the hassle of trial if the driver agrees to plead guilty to lesser charges or a to the same charges with negotiated consequences.

A wet-reckless is similar to a DUI but does not carry some of the same mandatory punishments that a misdemeanor DUI carries. A wet-reckless will generally be offered where the driver’s BAC was .10 percent or less. There are no mandatory alcohol education classes, no driver’s license suspensions and no SR-22 filings so long as the driver was successful at the DMV hearing. For those holding or seeking professional licenses, they will have an easier time passing the scrutiny of the licensing boards with a wet-reckless rather than a DUI on their records.

On the other hand, a wet-reckless will be counted as a prior DUI if a driver is charged with a second DUI / DWI within 10 years of the first one. Also, insurance companies often view a wet-reckless as the same thing as a driving under the influence conviction, so a driver can expect to pay higher insurance bills.

If a person is charged with driving under the influence or driving while intoxicated in California, the best thing to do is to contact a California criminal defense attorney to assist in deciding whether or not a plea should be taken. In many cases, a California DUI / DWI attorney will advise their clients to plead to a wet-reckless if the prosecutor makes the offer. Of course, the facts of each driving while intoxicated case must be evaluated before any decision can be reached.

DMV Consequences for first time DUI Offenders

Posted by Brianna Wilkins on May 4, 2012

DMV Consequences for first time DUI Offenders

The driver who is arrested for driving under the influence of alcohol will require the counsel of a California criminal defense attorney with vast experience in DUI cases. A first-time DUI still requires a case be filed within ten days of arrest with the DMV to protect driving privileges. An experienced DUI attorney can assist with the DMV case. In California there is both a Department of Motor Vehicles hearing and a criminal court case. Court date and hearings for the criminal case will be set by the court after arraignment. However, a DMV hearing will only take place if the driver requests a hearing within ten days of a drunk driving arrest. If no request is made, a thirty day automatic suspension of driving privileges will take place.

Two crucial factors in a DMV hearing will be whether there are prior driving under the influence violations on the driver’s record, and whether there was a refusal to submit to chemical tests. In the case of a first offense DUI, there will be no previous marks on the driver’s record. If there was a refusal to submit to the chemical tests following an arrest, a first time drinking and driving violation will carry an automatic one year suspension without any chances of getting a restricted license to allow for travel to and from work.

A first offense drunk driving where the driver voluntarily submits to a blood or breath test after being arrested, generally the punishment will be a four month suspension and the driver will be required to file formal proof of insurance with the Department of Motor Vehicles. This is done with the filing of an SR-22 form. This filing will be required for three years. But, for the first time offender, they may be entitled to a restricted license that allows for the travel to and from work.

In order for any sanction such as restriction, suspension, or revocation can take place, the DMV hearing officer must face three issues, and be satisfied with each of the three issues. In short those issues are whether the officer had reasonable cause to believe the driver was under the influence of alcohol or committed another crime or vehicle code violation. Next is whether the arrest of the driver was lawful, and lastly is whether the driver’s BAC was above the legal limit at the time of driving.

The DMV has the sole authority in California to suspend driving privileges. Criminal courts do not have this authority. However, when a motorist is convicted of drunk driving in California, the DMV will find out. Once the DMV has found out that a driver was convicted of DUI, the driver’s license will be automatically suspended for six months. This six month suspension will run concurrently with the original four months suspension given after the Department of Motor Vehicles hearing.

Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI cases on your side if you want to minimize the consequences against your license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the DMV and protect your driving privileges.

Motion to Suppress Evidence

Posted by on May 4, 2012

Motion to Suppress Evidence

Fighting a California drug charge may seem like a daunting proposition, but fortunately it’s possible to mount an aggressive defense to the charges you face. One of the most potent tools at your defense lawyer’s disposal is a motion to suppress evidence. Skilled California defense attorneys from The Kavinoky Law Firm are well-versed in using motions to suppress evidence to advance clients’ prospects in court.

A motion is any formal request asking the court to take action on your behalf. Your California defense attorneys may file a motion to suppress evidence on your behalf. If the court finds that the motion has merit, some or all of the evidence against you will be suppressed, and the case against you could be severely weakened or even dropped.

The key elements of a motion to suppress evidence can include a motion to quash, a motion to traverse, and/or a challenge based on one or more confidential informants who supplied information to the investigators who obtained a search warrant.

A motion to quash questions whether police had probable cause to obtain a search warrant in the first place. A motion to traverse questions the validity of the information contained in the search warrant affidavit.

Challenging confidential informants is tricky because police fight to keep their identities a secret, and the courts often uphold their right to do so. However, it may be possible to persuade a judge to compel the police to identify their informant and question that person’s credibility. Successfully doing so may result in evidence in your California drug case being excluded.

These are some of the tools that may be employed by your California drug lawyer in an effort to have evidence against you suppressed. To learn more about suppression of evidence in narcotics cases, please contact a skilled California drug lawyer from The Kavinoky Law Firm today at 1-877-4-NO-CUFFS for a free consultation.

California Vehicle Code VC 13351.8 – Road Rage: Required Supension

Posted by on May 4, 2012

California Vehicle Code VC 13351.8 – Road Rage: Required Supension

13351.8. Upon receipt of a duly certified abstract of the record of any court showing that the court has ordered the suspension of a driver’s license pursuant to Section 13210, on or after January 1, 2001, the department shall suspend the person’s driving privilege in accordance with that suspension order commencing either on the date of the person’s conviction or upon the person’s release from confinement or imprisonment.

Added Sec. 5, Ch. 642, Stats. 2000. Effective January 1, 2001.

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California Vehicle Code VC 13353.7 – Restricted Noncommercial Driver’s License

Posted by on May 4, 2012

California Vehicle Code VC 13353.7 – Restricted Noncommercial Driver’s License

13353.7. (a) Subject to subdivision (c), if the person whose driving privilege has been suspended under Section 13353.2 has not been convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion within 10 years of the occasion in question and, if the person subsequently enrolls in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538, that person, if 21 years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license limited to travel to and from the activities required by the program and to and from and in the course of the person’s employment. After receiving proof of enrollment in the program, and if the person has not been arrested subsequent to the offense for which the person’s driving privilege has been suspended under Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, notwithstanding Section 13551, the department shall, after review pursuant to Section 13557, suspend the person’s privilege to operate a motor vehicle for 30 days and then issue the person a restricted driver’s license under the following conditions:

The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.
The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in Section 16430.
The restriction shall be imposed for a period of five months.
If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person.

(b) Notwithstanding subdivision (a), and upon a conviction of Section 23152 or 23153, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352.

(c) If the holder of a commercial driver’s license was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a), except that the license may not allow travel to and from or in the course of the person’s employment.

(d) This section does not apply to a person whose driving privilege has been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, or as a result of a conviction of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, that violation occurred within 10 years of the offense in question. This subdivision shall be operative only so long as a one-year suspension of the driving privilege for a second or subsequent occurrence or offense, with no restricted or hardship licenses permitted, is required by Section 408 or 410 of Title 23 of the United States Code.

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

Added Sec. 10.5, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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California Vehicle Code VC 13367 – Determining Minor’s Suspension

Posted by on May 4, 2012

California Vehicle Code VC 13367 – Determining Minor’s Suspension

13367. For purposes of the suspension or revocation of any driver’s license issued to a minor, the department shall not provide any lighter penalty than would be given to an adult under similar circumstances.

Added Ch. 562, Stats. 1959. Effective September 18, 1959.

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