Category: Weapons Offenses

Weapons Offenses | No Cuffs

The Blood Alcohol Calculator (BAC)

Posted by on May 4, 2012

Blood or Breath Alcohol Content (BAC) is a critical inquiry in nearly every drinking and driving arrest, whether DUI / DWI, driving under the influence of drugs (DUID), drunk driving, or any type of impaired driving case.

The BAC calculator below will allow you to predict your BAC at a given point in time based upon the number of drinks consumed over a period of time. Fill in the information required below for an estimate of blood or breath alcohol level.

Disclaimer: The Blood Alcohol Calculator is for information only. This conversion is not completely accurate and should not be used to determine if you are capable of driving. Your actual Blood Alcohol Level may vary, depending upon many factors, including body type, sex, health status, and many others. Every effort is made to ensure that the results yielded by the Blood Alcohol Calculator are correct; however, do not rely upon this information to decide whether or not it is safe or lawful to drive. Because impairment may occur at any Blood Alcohol Level, we can only recommend that you not drive with any measurable amount of alcohol in your system.

Online Blood-Alcohol Content Calculator (BAC) Beer Wine Shot Fluid Ounces 12 4 1.5 Alcohol Content 4% – 4.5% 15% – 20% 30% – 50% Fluid Ounces Consumed Percent Alcohol Your Weight (Lbs) Hours Consuming Drink BAC Percentage BAC Analysis

California Vehicle Code VC 13352.6 – DUI Conviction: Persons Under 21: Required Suspension

Posted by on May 4, 2012

California Vehicle Code VC 13352.6 – DUI Conviction: Persons Under 21: Required Suspension

13352.6. (a) The department shall immediately suspend the driving privilege of any person who is 18 years of age or older and is convicted of a violation of Section 23140, upon receipt of a duly certified abstract of the record of any court showing that conviction. The privilege may not be reinstated until the person provides the department with proof of financial responsibility and until proof satisfactory to the department, of successful completion of a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code has been received in the department’s headquarters. That attendance shall be as follows:

If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.

(b) For the purposes of this section, enrollment, participation, and completion of the program shall be subsequent to the date of the current violation. Credit for enrollment, participation, or completion may not be given for any program activities completed prior to the date of the current violation.

Added Sec. 2, Ch. 1063, Stats. 2000. Effective January 1, 2001.Amended Sec. 5.5, Ch. 550, Stats. 2004. Effective January 1, 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 13361 – Grounds for Suspension

Posted by on May 4, 2012

California Vehicle Code VC 13361 – Grounds for Suspension

13361. The department may suspend 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 has been convicted of any of the following crimes or offenses:

Failure to stop in the event of an accident resulting in damage to property only, or otherwise failing to comply with the requirements of Section 20002.
A second or subsequent conviction of reckless driving.
Manslaughter resulting from the operation of a motor vehicle as provided in paragraph (2) of subdivision (c) of Section 192 of the Penal Code.

In any case under this section the department is authorized to require proof of ability to respond in damages as defined in Section 16430.

Amended Ch. 6, Stats. 1985. Effective February 21, 1985.

» Return to California Vehicle Codes

California Vehicle Code VC 13374 – Refusal to Issue or Renew, Suspension, or Revocation of Ambulance Driver Certificate: Hearings

Posted by on May 4, 2012

California Vehicle Code VC 13374 – Refusal to Issue or Renew, Suspension, or Revocation of Ambulance Driver Certificate: Hearings

13374. (a) ( )1 An applicant for, or the holder of, an ambulance driver certificatewho has received a notice of refusal, suspension, or revocation may submit, within 15 days after the notice has been mailed by the department, a written request for a hearing. Upon receipt of the request, the department shall appoint a referee who shall conduct an informal hearing in accordance with Section 14104. Failure to request a hearing within ( )2 15 days after the notice has been mailed by the department is a waiver of the right to a hearing. A request for a hearing shall not operate to stay the action for which notice is given.

(b) Upon conclusion of an informal hearing, the referee shall prepare and submit findings and recommendations through the department to a committee of three members one each appointed by the Director of the Emergency Medical Service Authority, the director, and the Commissioner of the California Highway Patrol with the appointee of the Commissioner of the California Highway Patrol serving as chairperson. After ( )3 a review of the findings and recommendations, the committee shall render a final decision on the action taken, and the department shall notify the person involved of the decision.

Amended Sec. 6, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

Whenever the department refuses to issue or renew, or suspends or revokes, an ambulance driver certificate for any cause, the person involved may, within 10 days after receiving notification of the action, submit"
"10 days after receiving a notice given under this section"
"the"

» Return to California Vehicle Codes

California Vehicle Code VC 23592 – Impounding Vehicles

Posted by on May 4, 2012

California Vehicle Code VC 23592 – Impounding Vehicles

23592. (a) (1) Whenever a person is convicted of any of the following offenses committed while driving a motor vehicle of which he or she is the owner, the court, at the time sentence is imposed on the person, may order the motor vehicle impounded for a period of not more than six months for a first conviction, and not more than 12 months for a second or subsequent conviction:

Driving with a suspended or revoked driver’s license.
A violation of Section 2800.2 resulting in an accident or Section 2800.3, if either violation occurred within seven years of one or more separate convictions for a violation of any of the following:
1. Section 23103, if the vehicle involved in the violation was driven at a speed of 100 or more miles per hour.
2. Section 23152.
3. Section 23153.
4. Section 191.5 of the Penal Code.
5. Subdivision (c) of Section 192 of the Penal Code.

(2) The cost of keeping the vehicle is a lien on the vehicle pursuant to Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code.

(b) Notwithstanding subdivision (a), any motor vehicle impounded pursuant to this section which is subject to a chattel mortgage, conditional sale contract, or lease contract shall be released by the court to the legal owner upon the filing of an affidavit by the legal owner that the chattel mortgage, conditional sale contract, or lease contract is in default and shall be delivered to the legal owner upon payment of the accrued cost of keeping the vehicle.

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

» Return to California Vehicle Codes

Certificate of Rehabilitation and Pardon

Posted by on May 4, 2012

Certificate of Rehabilitation and Pardon

Felony convictions where a term in state prison is imposed require professional attention by a lawyer skilled in expungements.

There are two ways that someone sentenced to state prison can obtain relief:

the Certificate of Rehabilitation and Pardon, and
the Direct Application for Pardon.

A full pardon, whether direct or through rehabilitation proceedings, restores all of the rights and privileges of which the person was deprived by reason of the conviction, with some exceptions. In addition, a pardon relieves a sex offender of the duty to register under Penal Code Section 290. A pardon does not automatically restore any license, permit, or certificate that had been taken as the result of the conviction.

A Governor’s pardon is granted only to individuals who have demonstrated a high standard of constructive behavior following conviction for a felony, or in some cases, for certain specified misdemeanor sex offenses. Obtaining a pardon is a distinct achievement based upon proof of a useful, productive, and law-abiding life following conviction.

Pardon applications will not be considered unless an applicant has been discharged from probation or parole for at least ten years and has not engaged in further criminal activity during that period. While the receipt of a Certificate of Rehabilitation will be considered in evaluating a pardon application, it is but one factor and is not the sole determinant. The ten-year rule may be waived in truly exceptional circumstances, if the applicant can demonstrate an earlier, specific need for the pardon.

Once the threshold criteria has been met, the application will be reviewed to determine whether the applicant has met the standards set forth in California Penal Code section 4852.05, which states, "During the period of rehabilitation, the person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land."

Certificate of Rehabilitation

Certificates of Rehabilitation are first sought from the trial court. If a certificate issues, the trial court recommends that the governor grant a pardon. The governor has discretion to grant or deny a pardon. The pardon may be granted without further investigation, except that a person twice convicted of felonies must also have the recommendation of a majority of the supreme court.

In order to obtain a Certificate of Rehabilitation, the applicant must be a California resident for at least three years before the filing of the petition. There is a period of rehabilitation that is required before filing, during which the person must lead an honest life, and be free from convictions. The amount of time varies, depending upon the underlying criminal conviction.

Dismissal of the underlying charges pursuant to Penal Code Section 1203.4 is not required before seeking a Certificate of Rehabilitation, so long as the person served a prison sentence. If probation was imposed instead of a prison sentence, dismissal must first be obtained, and the defendant must be free from felony probation.

A Certificate of Rehabilitation is a court order, which declares that a person who has been convicted of a felony is rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the granting court and constitutes an application for a pardon.

The laws pertaining to the Certificate of Rehabilitation can be found in California Penal Code sections 4852.01 to 4852.21.

Generally, a person who has been convicted in California of a felony, or a misdemeanor sex offense specified in California Penal Code section 290, the accusatory pleading of which has been dismissed pursuant to Penal Code section 1203.4, may apply to the superior court in his or her county of residence for a Certificate of Rehabilitation, provided that he or she meets behavioral requirements and the applicable period of rehabilitation. (California Penal Code section 4852.06.)

An exception to this rule involves individuals convicted of the following Penal Code sections: 286(c), 288, 288a(c), 288.5, and 289(j). Effective January 1, 1998, AB 729 amended Penal Code sections 1203.4 and 4852.01 to prohibit these specified sex offenders from obtaining a Certificate of Rehabilitation. Such individuals are no longer eligible to receive a Certificate of Rehabilitation.

The granting of a Certificate of Rehabilitation relieves some offenders from the sexual offender registration requirement of Penal Code section 290. (See California Penal Code section 290.5 for a list of persons not eligible for relief from registration.) To determine your 290 registration status, contact an attorney that knows the law in this specialized area.

Certificate of Rehabilitation & Pardon

Felony convictions where a term in state prison is imposed require professional attention by a lawyer skilled in expungements. There are two ways that someone sentenced to state prison can obtain relief:(1) the Certificate of Rehabilitation and Pardon, and(2) the Direct Application for Pardon.

Who may apply?

Persons who are eligible to apply for a Certificate of Rehabilitation include those who:

Were convicted of a felony and served the sentence in a California state prison; and
Were discharged on completion of the term or released on parole prior to May 13, 1943; and
Have not been incarcerated in a state penal institution since release; and
Present satisfactory evidence of three years residence in California immediately prior to the filing of the petition.

Were convicted of a felony, or a misdemeanor sex offense specified in Penal Code section 290, the accusatory pleading of which was dismissed pursuant to Penal Code section 1203.4; and
Have been discharged or released from custody on probation; and
Have not been incarcerated in any penal institution, jail or agency since the dismissal of the accusatory pleading; and
Are not on probation for the commission of any other felony; and
Present satisfactory evidence of five years residence in California immediately prior to the filing of the petition.

Were convicted of a felony on or after May 13, 1943; and
Were sentenced to state prison or other institution or agency; and
Were discharged from custody or released on parole; and
Present satisfactory evidence of five years residence in California immediately prior to the filing of the petition.

Persons who are INELIGIBLE to apply for a Certificate of Rehabilitation include:

Those who do not meet the above requirements; or
Those who were convicted only of misdemeanors (except those convicted of a misdemeanor sex offense specified in Penal Code section 290, which was dismissed pursuant to Penal Code section 1203.4); or
Those who were convicted of Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j); or
Those who are serving a mandatory life parole; or
Those committed to prison under a death sentence; or
Those persons in the military service.

When to apply?

Persons eligible to petition for a Certificate of Rehabilitation may file the petition once the period of rehabilitation has passed. The period of rehabilitation begins to run upon the discharge of the petitioner from incarceration due to the completion of the term, or upon release on probation or parole.

The period of rehabilitation constitutes five years residence in California, PLUS:

Four years in the case of persons convicted of violation of California Penal Code sections 187, 209, 219, 4500, or 12310, or Military and Veterans Code section 1672(a), or of committing any other offense which carries a life sentence; or
Five years in the case of any person convicted of any offense or attempted offense for which sex offender registration is required pursuant to P.C. 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those convictions, two years shall be added to the five years imposed by this section.
Two years in the case of any persons convicted of any offense not listed above and which does not carry a life sentence; or
The number of additional years ordered by the trial court hearing the application for the Certificate of Rehabilitation in the case of a person serving consecutive sentences.

Rescission of Certificate of Rehabilitation

A district attorney in either the county of conviction or the county of residence may petition the superior court to rescind a certificate, if it was granted for any offense specified in California Penal Code section 290.

Procedures for Applying

The petition must be filed in the superior court of the petitioner’s current county of residence. (California Penal Code section 4852.06.) The petitioner is required to provide notice of their filing to the district attorney in their county of residence, as well as to the district attorney of each county in which the petitioner was convicted of a felony, and to the Governor’s office.

All felony convictions, or misdemeanor sex offenses specified in Penal Code section 290, for which the accusatory pleading was dismissed pursuant to California Penal Code section 1203.4, should be included. This notice must indicate the date and time of the hearing and must be sent to the district attorneys at least 30 days before the hearing.

Each person who is eligible to initiate the Certificate of Rehabilitation proceedings is entitled to receive assistance in processing the petition from all rehabilitative agencies, including adult probation officers of the county, and state parole agents; and, in the case of persons under the age of 30, assistance can be obtained from the Youth Authority. During the court proceedings, the petitioner may be represented by counsel of his or her own choosing.

Once a petition is filed, the court will schedule a hearing to consider the petition. Prior to the hearing, the court may require an investigation by the district attorney of the county of residence of any and all matters pertaining to the petitioner.

At the hearing, the court may require testimony and the production of records and reports pertaining to the petitioner, including information about the conviction offense, and his or her conduct both while incarcerated and since release on probation or parole.

If, after the hearing, the court finds that the petitioner has demonstrated rehabilitation and fitness to exercise all political and civil rights, the court may make an order declaring that the petitioner is rehabilitated. A certified copy of the Certificate of Rehabilitation is then transmitted to the Governor and becomes an application for a pardon.

Upon receipt of the application, the Governor may request that the Board of Prison Terms conduct a further investigation. Following a review, the Governor may then grant the pardon. If the petitioner has been convicted of more than one felony in separate proceedings, the California Supreme Court must also approve the grant of a pardon.

Direct Pardon Application

Direct pardons refer to requests for pardon made directly to the Governor. The governor has total and complete discretion to grant or deny a pardon. The pardon may be granted without further investigation, except that a person twice convicted of felonies must also have the recommendation of a majority of the supreme court to obtain a pardon.

A direct pardon is usually sought by persons who are not eligible for a certificate of rehabilitation, such as nonresidents and misdemeanants.

Any person who has been convicted in California of a felony, or a misdemeanor sex offense specified in Penal Code section 290, the accusatory pleading of which has been dismissed pursuant to Penal Code section 1203.4, may apply to the Governor for a pardon. Applications for pardons may be made in one of two ways: either by way of an application for a Certificate of Rehabilitation, or through a direct traditional pardon application. The procedure utilized will depend on the circumstances of the applicant, and it is important to consult with a lawyer to determine which is appropriate in any given case.

Once an application for a pardon is filed under either procedure, the Governor reviews the case. The Governor has complete discretion in deciding whether to grant a pardon, and a pardon is not granted to every person who applies.

Pardon investigations are conducted for the Governor by the California Board of Prison Terms, Investigations Division.

The traditional pardon procedure is available to those persons who are ineligible to petition for a Certificate of Rehabilitation. This procedure is used primarily, although not exclusively, by California ex-felons who reside out-of-state and are therefore unable to satisfy the residency requirement. The traditional pardon procedure is also available to those individuals who have convictions for Penal Code sections 286(c), 288, 288a(c), 288.5, and 289(j). The traditional pardon procedure is covered by California Penal Code sections 4800-4813.

Applicants for a traditional pardon must write directly to the Governor’s Office. It is highly recommended that a pardon applicant have the services of an experienced lawyer to ensure that all of the procedural requirements are met, and to increase the chances of success. At a minimum, the letter should include the following:

Why a pardon is desired or needed;
Date and circumstances of all felony offenses of which the applicant was convicted;
Dates the applicant was received in prison and released from custody or placed on probation;
Name of the applicant, including any aliases; date of conviction; county and case number of conviction, if known; prison number; name of parole agent; current address and telephone number; and
A brief, general statement of employment and activities since conviction or release from custody.

Upon receipt of the letter, the Governor’s Legal Affairs staff will review the information. After the review, the Legal Affairs Office may send the Application for Executive Clemency and Notice of Intention to Apply for Executive Clemency forms to the applicant.

The applicant should complete the Application for Executive Clemency form and have it notarized. In addition, the Notice of Intention to Apply for Executive Clemency should be served on the District Attorney of each county in which the applicant was convicted of a felony, at least ten days prior to the application.

The Acknowledgment of Receipt portion of the notice form must be completed and signed by the District Attorney. Both the application and the completed notice must then be submitted to the Governor’s Office, along with a full statement of any compensation paid to any person for assisting in the procurement of a pardon.

Once the formal application is returned, the Governor refers it to the Board of Prison Terms for investigation. After the investigation, the case is presented to the Executive Board for a decision as to whether to recommend to the Governor that a pardon be granted. The applicant is notified of when the Board will be considering his or her case, and he or she is given the opportunity to forward any additional information, if desired. Pardon applicants do not attend the pardon consideration meeting. Following the meeting, the application, investigation report, and the Board’s recommendation are sent to the Governor. Notification of the meeting result is also sent to the applicant.

The Governor then reviews all of the information and decides whether to grant a pardon. If the applicant has been convicted of more than one felony in separate proceedings, the California Supreme Court must also approve the grant of a pardon.

There is no requirement that the Governor issue a pardon to an applicant, and the length of time needed for the completion of the pardon process cannot be predicted.

Effect of a Pardon

When a Certificate of Rehabilitation or pardon is granted, the California Department of Justice and the Federal Bureau of Investigation are notified. These agencies’ records are then updated to show that a Certificate of Rehabilitation or a pardon has been granted in regard to the conviction.

A pardon is also filed with the Secretary of State, reported to the Legislature, and becomes a matter of public record. Although no effort is made to publicize the pardon application or issuance, there is no guarantee that the issuance of a pardon to a particular person will not become known to the public.

Restoration of Rights

The granting of a pardon entitles the applicant to exercise additional civil and political rights of citizenship. The most frequent reasons people apply for a pardon are for personal satisfaction, for licensing or bonding purposes, and to restore firearms privileges. Another frequent reason is to enhance employment opportunities, even when no legal disability exists.

A pardon does not seal or expunge the record of the conviction. (California Penal Code section 4852.17.) Prior convictions may be considered after the granting of a pardon, if the person is subsequently convicted of a new offense.

A person who has been pardoned cannot state that he or she has no record of arrests or convictions. The person can state that he or she has been convicted and has been pardoned.

An ex-felon becomes eligible to vote after being terminated from probation or discharged from parole. (California Constitution, article 11, section 4.) A pardon is not necessary to be eligible to vote.

A person who receives a pardon may serve on a trial jury.(California Code of Civil Procedure section 203(a)(5) and California Penal Code section 4852.17.)

An ex-felon who receives a full and unconditional pardon can be considered for an appointment to a peace officer position as a county probation officer or state parole agent, but cannot hold other peace officer positions. (California Government Code section 1029.)

A person convicted of a felony cannot own, possess, or have access to any type of firearm, including a rifle or shotgun. (California Penal Code section 12021.) However, if a full and unconditional pardon is granted by the Governor, the person pardoned may own and possess any type of weapon that may lawfully be possessed and owned by other citizens in California. The Governor cannot restore firearms rights to a person who has been convicted of any offense which involved the use of a dangerous weapon.

Pardons for out-of-state residents must specifically state that rights pertaining to firearms are restored. A California pardon does not necessarily permit the possession of weapons under the laws of another state or the federal government. The law pertaining to the restoration of rights to own and possess firearms can be found in California Penal Code section 4854.

If you have not obtained a pardon restoring your firearms rights, and you have access to a firearm of any type, you are in violation of the law. For example, having a firearm registered to a spouse, but readily available to you in your place of residence, is a violation.

The granting of a pardon does not prevent some licensing agencies from considering the conviction that has been pardoned in its determination of whether a license to practice certain professions should be granted or restored. The law pertaining to the effect of a full pardon on licensing boards can be found in California Penal Code section 4853.

A California pardon does not apply to convictions suffered in another jurisdiction. A person convicted in another state or in a federal court must apply for a pardon to the other state or the federal government. It is best to consult with a lawyer familiar with pardons in such a case.

For more information about expungement, please feel free to contact attorneys at the Kavinoky Law Firm.

California Vehicle Code VC 23542 – Conditions of Probation: Second Offense Within Ten Years

Posted by on May 4, 2012

California Vehicle Code VC 23542 – Conditions of Probation: Second Offense Within Ten Years

23542. (a) (1) If the court grants probation to a person punished under Section 23540, 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 confined in county jail and fined under either of the following:

(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.

(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) 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) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following:

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, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any 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.
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. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation.

(c) 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 Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.

(d) 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 (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.

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

Added Sec. 18.5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

» Return to California Vehicle Codes

California Vehicle Code VC 23220 – Drinking While Driving

Posted by on May 4, 2012

California Vehicle Code VC 23220 – Drinking While Driving

23220. (a) No person shall drink any alcoholic beverage while driving a motor vehicle upon any highway or on any lands described in subdivision (b).

(b) As used in subdivision (a), "lands" means those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Amended Sec. 1, Ch. 384, Stats. 1998. Effective August 24, 1998

» Return to California Vehicle Codes

California Vehicle Code VC 23117 – Carrying Animal in Motor Truck

Posted by on May 4, 2012

California Vehicle Code VC 23117 – Carrying Animal in Motor Truck

23117. (a) No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load on the vehicle on a highway unless the space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage, in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle.

(b) This section does not apply to any of the following:

The transportation of livestock.
The transportation of a dog whose owner either owns or is employed by a ranching or farming operation who is traveling on a road in a rural area or who is traveling to and from a livestock auction.
The transportation of a dog for purposes associated with ranching or farming.

Added Ch. 224, Stats. 1987. Effective January 1, 1988.

» Return to California Vehicle Codes

California Vehicle Code VC 21210 – Bicycle Parking

Posted by on May 4, 2012

California Vehicle Code VC 21210 – Bicycle Parking

21210. No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public highway, provided that appropriate signs are erected.

Added Ch. 751, Stats. 1976. Effective January 1, 1977.

» Return to California Vehicle Codes