Category: Weapons Offenses

Weapons Offenses | No Cuffs

California Vehicle Code VC 13353.5 – Restoration of Driving Privilege: Nonresidents

Posted by on May 4, 2012

13353.5. (a) If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.

(b) If the person submits an application for a California driver’s license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.

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

Amended Sec. 14, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 9, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

» Return to California Vehicle Codes

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 13366 – Effective Date of Suspension or Revocation

Posted by on May 4, 2012

California Vehicle Code VC 13366 – Effective Date of Suspension or Revocation

13366. Whenever in this code the department is required to suspend or revoke the privilege of a person to operate a motor vehicle upon the conviction of such person of violating this code, such suspension or revocation shall begin upon a plea, finding or verdict of guilty.

» Return to California Vehicle Codes

California Vehicle Code VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years

Posted by on May 4, 2012

California Vehicle Code VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years

23566. (a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) 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.

(b) If a person is convicted of a violation of Section 23153, and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) 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.

(c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years.

The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law.

(d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

(e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person’s confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (6) of subdivision (a) of Section 13352, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 36, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.
Amended Sec. 32, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 17, Ch. 550, Stats. 2004. Effective January 1, 2005.

» Return to California Vehicle Codes

California Vehicle Code VC 23610 – Blood-Alcohol Level: Presumptions Affecting Burden of Proof

Posted by on May 4, 2012

California Vehicle Code VC 23610 – Blood-Alcohol Level: Presumptions Affecting Burden of Proof

23610. (a) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person while driving a vehicle while under the influence of an alcoholic beverage in violation of subdivision (a) of Section 23152 or subdivision (a) of Section 23153, the amount of alcohol in the person’s blood at the time of the test as shown by chemical analysis of that person’s blood, breath, or urine shall give rise to the following presumptions affecting the burden of proof:

If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.
If there was at that time 0.05 percent or more but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.
If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(b) Percent, by weight, of alcohol in the person’s blood shall be based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(c) This section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.

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

» Return to California Vehicle Codes

California Vehicle Code VC 23562 – Conditions of Probation: Second Offense Within Ten Years

Posted by on May 4, 2012

California Vehicle Code VC 23562 – Conditions of Probation: Second Offense Within Ten Years

23562. If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows:

Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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.
All of the following apply:
1. Be confined in the county jail for at least 30 days, but not more than one year.
2. Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000)
3. The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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
4. Either of the following:
  1. Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate.
  2. Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation.
The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided 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.
This section shall become operative on September 20, 2005.

Amended Sec. 4, Ch. 493, Stats. 1997. Effective January 1, 1998.
Amended Sec. 15, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23186 Sec. 22, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 31, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 22, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

» Return to California Vehicle Codes

California Vehicle Code VC 23249 – Study and Report to the Legislature

Posted by on May 4, 2012

California Vehicle Code VC 23249 – Study and Report to the Legislature

23249. The Department of Motor Vehicles shall conduct two studies to evaluate the effectiveness of ignition interlock in California and shall report the findings to the Legislature, as specified in subdivisions (a) and (b).

(a) The department shall conduct a process study of ignition interlock in California and report the findings to the Legislature on or before July 1, 2002. This study shall examine the implementation of ignition interlock by the courts, the department and ignition interlock installers, and report the rate at which courts assign interlock to persons convicted of a violation of Section 14601.2 and the rate at which these persons install these devices.

(b) The department shall conduct an outcome study of ignition interlock in California and report the findings to the Legislature on or before July 1, 2004. This study shall examine the effectiveness of California’s ignition interlock laws in reducing recidivism, moving violation convictions and crashes among drivers ordered by the court to install interlock devices, and among drivers applying to the department, and receiving from it, an ignition interlock restricted license.

(c) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.

Added Sec. 24, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 22, Ch. 473, Stats. 2001. Effective January 1, 2002.
Amended Sec. 17, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 28, Ch. 468, Stats. 2003. Effective January 1, 2004.

NOTE: The preceding section shall remain in effect only until January 1, 2005, and as of that date is repealed.

» Return to California Vehicle Codes

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.

» Return to California Vehicle Codes

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.

» Return to California Vehicle Codes

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.

» Return to California Vehicle Codes

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.