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California Vehicle Code VC 13352.3 – Minor: Revocation of Driving Privilege

Posted by on May 4, 2012

13352.3. (a) Notwithstanding any other provision of law, except subdivisions (b), (c), and (d) of Section 13352 and Sections 13367 and 23521, the department immediately shall revoke the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person was convicted of a violation of Section 23152 or 23153 while under 18 years of age, or upon receipt of a report of a judge of the juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153.

(b) The term of the revocation shall be until the person reaches 18 years of age, for one year, or for the period prescribed for restriction, suspension, or revocation specified in subdivision (a) of Section 13352, whichever is longer. The privilege may not be reinstated until the person gives proof of financial responsibility as defined in Section 16430.

Amended Sec. 3.2, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 83, Ch. 149, Stats. 2003. Effective January 1, 2004.

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California Vehicle Code VC 13357 – Action Required for Auto Theft

Posted by on May 4, 2012

California Vehicle Code VC 13357 – Action Required for Auto Theft

13357. Upon the recommendation of the court the department shall suspend or revoke the privilege to operate a motor vehicle of any person who has been found guilty of a violation of Section 10851.

Added Ch. 1110, Stats. 1967. Effective November 8, 1967.

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California Vehicle Code VC 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing

Posted by on May 4, 2012

California Vehicle Code VC 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing

13371. This section applies to schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle certificates, and a certificate for a vehicle used for the transportation of developmentally disabled persons.

(a) Any driver or applicant who has received a notice of ( )1 refusal, suspension, or revocation, may, within 15 days ( )2 after the mailing date, submit to the department a written request for a hearing. Failure to demand a hearing within 15 days is a waiver of the right to a hearing.

(1) Upon receipt by the department of the hearing request, the department may stay the action until a hearing is conducted and the final decision has been rendered by the Certificate Action Review Board pursuant to paragraph (2) of subdivision (d). The department shall not stay an action when there is reasonable cause to believe the stay would pose a significant risk to the safety of pupils being transported in a schoolbus, school pupil activity bus, youth bus, or persons being transported in a general public paratransit vehicle.

(2) An applicant or driver is not entitled to a hearing whenever the action by the department is made mandatory by this ( )3 article or any other applicable law or regulation except where the cause for ( )1 refusal is based on failure to meet medical standards or excessive and habitual use of or addiction to alcoholic beverages, narcotics, or dangerous drugs.

(b) The department shall appoint a hearing officer to conduct the hearing in accordance with Section 14112. After the hearing, the hearing officer shall prepare and submit findings and recommendations to the department.

(c) The department shall mail, as specified in Section 22, a copy of the hearing officer’s findings and recommendations to the driver or applicant and to the driver or applicant’s hearing representative, either of whom may file a statement of exception to the findings and recommendations within 24 days after the mailing date.

(d) (1) The Certificate Action Review Board consists of the following three members: a chairperson appointed by the director of the department, a member appointed by the Commissioner of the California Highway Patrol, and a member appointed by the Superintendent of Public Instruction.

(2) After a hearing, the board shall review the findings and recommendations of the hearing officer, and any statement of exception, and make a decision concerning disposition of the action taken by the department, which decision shall be final. At this stage, no evidence shall be heard that was not presented at the hearing, unless the person wishing to present the new evidence establishes, to the satisfaction of the board, that it could not have been obtained with due diligence prior to the hearing.

Amended Sec. 60, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 3, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

"denial"
"of"
"Article"

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California Vehicle Code VC 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties

Posted by on May 4, 2012

California Vehicle Code VC 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties

23578. In addition to any other provision of this code, if ( )1 a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of ( )2 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor( )3 that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 1, Ch. 89, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

"any"
"0.20"
"which"

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Community Service

Posted by on May 4, 2012

Although many driving under the influence defendants face the prospect of fines and jail time, some convicted drunk drivers are eligible for alternative sentencing. One sentence alternative that is generally available is community service. An experienced California DUI / DWI defense lawyer from the Kavinoky Law Firm can determine whether a driver may be eligible for community service.

Community service requires an individual to work – without pay – for a civic or nonprofit organization. Performing community service has many benefits –to taxpayers, by reducing the burden on overcrowded jails, and to DUI offenders themselves. The defendant is allowed to continue living at home while contributing to a good cause.

There are many creative possibilities in performing community service. DUI drivers in particular professions – plumbers, electricians, carpenters, dentists, doctors, etc. – can donate their skills to social service agencies. Other individuals can find service opportunities at organizations such as the Red Cross, the Salvation Army, YMCA, local animal shelters, or other charitable organizations that need volunteers.

Community service will allow the DUI offender to get good time/work time custody credits for every hour spent contributing to a community service program. These hours will be applied to the amount of time that would have otherwise been spent in jail.

Alternative sentencing such as community service can be a viable option for DUI / DWI drivers who wish to avoid jail. A California attorney experienced in defending drunk driving cases can evaluate each case to determine whether alternative sentencing is an option to jail.

California Vehicle Code VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction

Posted by on May 4, 2012

California Vehicle Code VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction

23550.5. (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:

A prior violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both.
A prior violation of Section 23153 that was punished as a felony.
A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.

(b) Every person who, having previously been convicted of a violation of Section 191.5 of the Penal Code or a felony violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).

(c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(d) Any person convicted of a violation of Section 23152 or 23153 that is 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 under subdivision (b) of Section 13350.

Amended Sec. 14, Ch. 706, Stats. 1999. Effective October 10, 1999.
Amended Sec. 1, Ch. 849, Stats. 2001. Effective January 1, 2002.
Amended Sec. 26, Ch. 545, Stats. 2002. Effective January 1, 2003.

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California Vehicle Code VC 23224 – Possession of Alcohol in Vehicle: Person Under 21

Posted by on May 4, 2012

California Vehicle Code VC 23224 – Possession of Alcohol in Vehicle: Person Under 21

23224. (a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person’s employment. If the driver was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

(b) No passenger in any motor vehicle who is under the age of 21 years shall knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger’s employment. If the passenger was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage.

(c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than 30 days for each violation.

(d) Any person under 21 years of age convicted of a violation of this section is subject to Section 13202.5.

(e) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

Amended Ch. 1697, Stats. 1990. Effective January 1, 1991.
Amended Sec. 1, Ch. 690, Stats. 1996. Effective January 1, 1997.

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California Vehicle Code VC 23128 – Snowmobiles

Posted by on May 4, 2012

California Vehicle Code VC 23128 – Snowmobiles

23128. It is unlawful for any person to operate a snowmobile in the following manner:

On a highway except as provided in Section 38025.
In a careless or negligent manner so as to endanger a person or property.
For the purpose of pursuing deer or other game mammal with intent to harass such animals.
For the purpose of violating Section 602 of the Penal Code.

Amended Ch. 973, Stats. 1972. Effective August 16, 1972.

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California Vehicle Code VC 23103.5 – Guilty Plea to Lesser Charge

Posted by on May 4, 2012

California Vehicle Code VC 23103.5 – Guilty Plea to Lesser Charge

23103.5. (a) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of any alcoholic beverage or ingestion or administration of any drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of any alcoholic beverage or the ingestion or administration of any drug by the defendant in connection with the offense.

(b) The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).

(c) If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of any alcoholic beverage or the ingestion or administration of any drugs by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.

(d) The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.

(e) If the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.

(f) The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the program described in subdivision (e) as to treating persons convicted of violating Section 23103.

Amended Sec. 4, Ch. 487, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.

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California Superior Courts General Information

Posted by on May 4, 2012

California Superior Courts General Information

If you or someone you know have been arrested in the state of California for driving under the influence of alcohol or drugs, it is important to be aware of the location of the courthouse where your arraignment will be held. First, find the county listed below in which the drunk driving arrest happened. If there are multiple courthouses in the county, please contact skilled California criminal defense lawyers or DWI attorneys for more information.

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). California criminal defense attorneys with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.