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Superior Court Of California, County of Mono

Posted by Brianna Wilkins on May 4, 2012

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.

Mono County Superior Court
North County Branch – Mono County Courthouse
State Highway 395 North, Bridgeport, CA 93517

South County Branch
Sierra Center, 3rd Floor, 452 Old Mammoth Road, Mammoth Lakes, CA 93546

» Mono 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.

» Return to California Superior Courts, general information

Superior Court Of California, County of Los Angeles

Posted by Brianna Wilkins on May 4, 2012

Superior Court Of California, County of Los Angeles

Los Angeles County Superior Court
Airport Courthouse
11701 S. La Cienega, Los Angeles, CA 90045

Alfred J. McCourtney Juvenile Justice Center
1040 W. Avenue J, Lancaster, CA 93534

Alhambra Courthouse
150 West Commonwealth, Alhambra, CA 91801

Bellflower Courthouse
10025 East Flower Street, Bellflower, CA 90706

Beverly Hills Courthouse
9355 Burton Way, Beverly Hills, CA 90210

Burbank Courthouse
300 East Olive, Burbank, CA 91503

Catalina Courthouse
215 Summer Avenue, Avalon, CA 90407

Central Arraignment Court
600 South Commonwealth Ave., Los Angeles, CA 90005

Chatsworth Courthouse
9425 Penfield Avenue, Chatsworth, CA 91311

Clara Shortridge Foltz Criminal Justice Center
210 West Temple Street, Los Angeles, CA 90012

Compton Courthouse
200 West Compton Blvd., Compton, CA 90220

Culver City Courthouse
4130 Overland Avenue, Culver City, CA 90230

David V. Kenyon Juvenile Justice Center (Delinquency)
7625 South Central Avenue, Los Angeles, CA 90001

Downey Courthouse
7500 East Imperial Highway, Downey, CA 90242

East Los Angeles Courthouse
214 South Fetterly Avenue, Los Angeles, CA 90022

Eastlake Juvenile Court Delinquency
1601 Eastlake Avenue, Los Angeles, CA 90033

Edmund D. Edelman Children’s Court (Dependency)
201 Centre Plaza Drive, Monterey Park, CA 91754

El Monte Courthouse
11234 East Valley Blvd., El Monte, CA 91731

Glendale Courthouse
600 East Broadway, Glendale, CA 91206

Hollywood Courthouse
5925 Hollywood Blvd., Los Angeles, CA 90028

Huntington Park Courthouse
6548 Miles Ave., Huntington Park, CA 90255

Inglewood Courthouse
One Regent Street, Inglewood, CA 90301

Inglewood Juvenile Courthouse (Delinquency)
110 Regent Street, Inglewood, CA 90301

Long Beach Courthouse
415 West Ocean Blvd., Long Beach, CA 90802

Los Padrinos Juvenile Courthouse (Delinquency)
7281 East Quill Drive, Downey, CA 90242

Malibu Courthouse
23525 Civic Center Way, Malibu, CA 90265

Mental Health Courthouse
1150 North San Fernando Rd, Los Angeles, CA 90065

Metropolitan Courthouse
1945 South Hill Street, Los Angeles, CA 90007

Michael Antonovich Antelope Valley Courthouse
42011 4th Street West, Lancaster, CA 93534

Norwalk Courthouse
12720 Norwalk Blvd., Norwalk, CA 90650

Pasadena Courthouse
300 East Walnut Ave., Pasadena, CA 91101

Pomona Courthouse North
350 West Mission Blvd., Pomona, CA 91766

Pomona Courthouse South
400 Civic Center Plaza, Pomona, CA 91766

Redondo Beach Courthouse
117 West Torrance Blvd., Redondo Beach, CA 90277

San Fernando Courthouse
900 Third Street, San Fernando, CA 91340

San Pedro Courthouse
505 South Centre Street, San Pedro, CA 90731

San Pedro Courthouse Annex
638 South Beacon Street, San Pedro, CA 90731

Santa Clarita Courthouse
23747 West Valencia Blvd., Santa Clarita, CA 91355

Santa Monica Courthouse
1725 Main Street, Santa Monica, CA 90401

Stanley Mosk Courthouse
110 North Grand Ave., Los Angeles, CA 90012

Stanley Mosk Courthouse
111 North Hill Street, Los Angeles, CA 90012

Sylmar Juvenile Courthouse (Delinquency)
16350 Filbert Street, Sylmar, CA 91342

Torrance Courthouse
825 Maple Ave., Torrance, CA 90503

Van Nuys Courthouse East
6230 Sylmar Ave., Van Nuys, CA 91401

Van Nuys Courthouse West
14400 Erwin Street Mall, Van Nuys, CA 91401

West Covina Courthouse
1427 West Covina Parkway, West Covina, CA 91790

West Los Angeles Courthouse
1633 Purdue Ave., Los Angeles, CA 90025

Whittier Courthouse
7339 South Painter Ave., Whittier, CA 90602

» Los Angeles County Superior Court of California website.

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Operating Motorcycles, Boats, Planes and Bicycles While Under the Influence of Alcohol or Drugs

Posted by on May 4, 2012

Boating, flying and bicycling under the influence are separate offenses under California law. Each offense carries significant consequences, but can be successfully challenged by a California defense attorney who is well-versed in defending DUI / DWI charges involving motorcycles, vessels, aircraft and bicycles. Challenging DUI cases involving motorcycles, vessels, aircraft and bicycles can be done in much the same way as cases for driving cars under the influence of alcohol or while intoxicated can be challenged.

The California Vehicle Code defines a vehicle as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” This definition encompasses automobiles, trucks, motorcycles, mopeds, scooters, and bulldozers.

Motorcycling under the influence, for most purposes, is the same thing as a DUI / DWI case for drunk driving in a car. The case will be prosecuted pursuant to the same statutes. There will be a criminal case, and an administrative hearing at the DMV. A California defense attorney for DUI / DWI’s can handle both situations. If the motorcyclist fails to request a DMV hearing within 10 days (including weekends and holidays), the Department of Motor Vehicles will begin the process of suspending the license.

The standard of proof at the DMV hearing is the preponderance of the evidence. To find the defendant guilty, a judge must find that the arrest was lawful and that the motorcyclist had a BAC of .08 percent or higher.

Court punishments for the motorcyclist convicted of driving under the influence are the same as the punishments for those who are convicted of driving cars under the influence of alcohol. Those punishments include jail time, fines, alcohol education classes, the ignition interlock device, and probation.

Boating under the influence, or BUI / BWI, is governed by California’s Harbors and Navigation Code. Under the code, a person is considered too impaired to operate a recreational vessel with a BAC of .08 percent or greater. The standard is .04 percent for operating a commercial vessel. Individuals using aquaplanes and water skis and similar crafts are not allowed to have ingested any alcohol at all. A zero-tolerance policy is in effect for all such crafts.

A person convicted for boating under the influence can face penalties including jail time and fines. A California defense lawyer can effectively limit the consequences of a BUI / BWI conviction.

Flying an aircraft under the influence of alcohol or drugs (FUI / FWI) is a serious crime. This applies to both commercial and private airplanes. Flying under the influence of alcohol or drugs can be charged as a federal and/or state crime. Pilots who fly under the influence can be charged under federal and/or state law.

Crew members of civil aircraft are governed by the Federal Aviation Administration (FAA). The FAA rules stipulate that no-one may serve as a crew member if he or she has consumed alcohol within eight hours of a flight. Furthermore, anyone with a BAC of .04% or greater, or is under the influence of drugs or alcohol may not serve as a crew member. These over-inclusive rules indicate the seriousness with which the FAA looks upon flying under the influence. A person found violating these strict rules faces imprisonment, fines, and revocation of his or her pilot’s license.

Pilots of civil aircraft are subject to the implied Consent Law. This means that any pilot who has been arrested on suspicion of flying under the influence of alcohol or drugs must submit to a chemical test or face large fines and license suspension or revocation.

Pilots also face possible licensing issues for DUI / DWI convictions. All convictions for drunk driving must be reported on a pilot’s first-class medical application as well as to the Civil Action Security Division that is located in Oklahoma City. The relevant agencies will look harshly upon such DUI / DWI convictions.

A conviction for cycling under the influence (CUI) can result in a fine of $250. There is no jail time or license suspension. Technically, a bicycle is not a vehicle, and the dangers of cycling drunk are considerably less than driving a vehicle while intoxicated. Therefore, the Vehicle Code does not cover cycling under the influence of alcohol or drugs. However, the Vehicle Code does state that it is unlawful to ride a bicycle on the highway while under the influence. One common challenge to a CUI is that the bicycle-rider was on a private road or driveway instead of a “highway.”

Charges of riding a motorcycle, boating, flying or riding a bicycle under the influence of alcohol or drugs can carry harsh consequences. However, a skilled California defense attorney with experience defending BUI, motorcycling under the influence, FUI / FWI, and CUI cases can successfully challenge these offenses in court and can achieve results that limit the penalties and consequences associated with the charges.

California Vehicle Code VC 13353.1 – Refusal to Take Preliminary Alcohol Screening Test

Posted by on May 4, 2012

California Vehicle Code VC 13353.1 – Refusal to Take Preliminary Alcohol Screening Test

13353.1. (a) If a person refuses an officer’s request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to Section 13388, upon the receipt of the officer’s sworn statement, submitted pursuant to Section 13380, that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136, and that the person had refused to submit to, or did not complete, the test after being requested by the officer, the department shall do one of the following:

Suspend the person’s privilege to operate a motor vehicle for a period of one year.
Revoke the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either of the following:
1. A separate violation of subdivision (a) of Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, 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.
2. A suspension or revocation of the person’s privilege to operate a motor vehicle if that action was taken pursuant to this section or Section 13353 or 13353.2 for an offense that occurred on a separate occasion.
Revoke the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurred within 10 years of any of the following:
1. Two or more separate violations of subdivision (a) of Section 23136, that resulted in findings of violations, or two or more separate violations, that resulted in convictions, 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, or any combination thereof.
2. Two or more suspensions or revocations of the person’s privilege to operate a motor vehicle if those actions were taken pursuant to this section, or Section 13353 or 13353.2, for offenses that occurred on separate occasions.
3. Any combination of two or more of the convictions or administrative suspensions or revocations described in subparagraph (A) or (B).

(b) 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 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 or Penal Code.

(c) The notice of the order of suspension or revocation under this section shall be served on the person by the peace officer pursuant to Section 13388 and shall not become effective until 30 days after the person is served with that notice. The notice of the order of suspension or revocation shall be on a form provided by the department. If the notice of the order of suspension or revocation has not been served by the peace officer pursuant to Section 13388, the department immediately shall notify the person in writing of the action taken. The peace officer who serves the notice, or the department, if applicable, also shall provide, if the officer or department, as the case may be, determines that it is necessary to do so, the person with the appropriate non-English notice developed pursuant to subdivision (d) of Section 14100.

(d) Upon the receipt of the officer’s sworn statement, the department shall review the record. For the purposes of this section, the scope of the administrative review shall cover all of the following issues:

Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section23136.
Whether the person was lawfully detained.
Whether the person refused to submit to, or did not complete, the test after being requested to do so by a peace officer.

(e) The person may request an administrative hearing pursuant to Section 13558. Except as provided in subdivision (e) of Section 13558, the request for an administrative hearing does not stay the order of suspension or revocation.

Amended Sec. 3.10, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 19, Ch. 473, Stats. 2001. Effective January 1, 2002.
Amended Sec. 7, Ch. 550, Stats. 2004. Effective January 1, 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 13364 – Dishonored Checks

Posted by on May 4, 2012

California Vehicle Code VC 13364 – Dishonored Checks

13364.(a) Notwithstanding any other provision of this code, a person’s privilege to operate a motor vehicle shall be suspended upon notification by a bank or financial institution that a check has been dishonored when that check was presented to the department for either of the following reasons:

In payment of a fine that resulted from an outstanding violation pursuant to Section 40508 or a suspension pursuant to Section 13365.
In payment of a fee or penalty owed by the person, if the fee or penalty is required by this code for the issuance, reissuance, or return of the person’s driver’s license after suspension, revocation, or restriction of the driving privilege.

(b) The suspension shall remain in effect until payment of all fines, fees, and penalties is made to the department or to the court, as appropriate, and the person’s driving record does not contain any notification of a court order issued pursuant to subdivision (a) of Section 42003 or of a violation of subdivision (a) or (b) of Section 40508.

(c) No suspension imposed pursuant to this section shall become effective until 30 days after the mailing of a written notice of the intent to suspend.

(d) The written notice of a suspension imposed pursuant to this section shall be delivered by certified mail.

(e) If any personal check is offered in payment of fines described in paragraph (1) of subdivision (a) and is returned for any reason, the related notice issued pursuant to Section 40509 or 40509.5 shall be restored to the person’s record.

(f) Notwithstanding any other provision of law, any license that has been suspended pursuant to this section shall immediately be reinstated, and the fees and penalties waived, upon the submission of proof acceptable to the department that the check has been erroneously dishonored by the bank or financial institution.

Added Ch. 845, Stats. 1993. Effective January 1, 1994.
Amended Sec. 56, Ch. 877, Stats. 1998. Effective January 1, 1999.

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California Vehicle Code VC 21200 – Laws Applicable to Bicycle Use: Peace Officer Exemption

Posted by on May 4, 2012

California Vehicle Code VC 21200 – Laws Applicable to Bicycle Use: Peace Officer Exemption

21200. (a) Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.

(b) (1) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:

In response to an emergency call.
While engaged in rescue operations.
In the immediate pursuit of an actual or suspected violator of the law.

(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.

Amended Ch. 357, Stats. 1994. Effective January 1, 1995.

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California Vehicle Code VC 23598 – Live-in Alternative to Alcohol or Drug Education Program

Posted by on May 4, 2012

California Vehicle Code VC 23598 – Live-in Alternative to Alcohol or Drug Education Program

23598. In lieu of the alcohol or drug education program prescribed by Section 23538, 23542, 23548, 23552, 23556, 23562, or 23568, a court may impose, as a condition of probation, that the person complete, subsequent to the underlying conviction, a program specified in Section 8001 of the Penal Code, if the person consents and has been accepted into that program. Acceptance into that program shall be verified by a certification, under penalty of perjury, by the director of the program.

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

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California Vehicle Code VC 23624 – Separate Convictions: Constitutional Challenge

Posted by on May 4, 2012

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

Posted by on May 4, 2012

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:

"six"
"45"

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California Vehicle Code VC 23216 – Legislative Intent

Posted by on May 4, 2012

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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