Category: Weapons Offenses

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California Vehicle Code VC 23620 – Vehicular Manslaughter: Separate Offense

Posted by on May 4, 2012

23620. (a) For the purposes of this division, Section 13352, and Chapter 12 (commencing with Section 23100) of Division 11, a separate offense that resulted in a conviction of a violation of subdivision (f) 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 is a separate offense of a violation of Section 23153.

(b) For the purposes of this division and Chapter 12 (commencing with Section 23100) of Division 11, and Section 13352, a separate offense that resulted in a conviction of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code is a separate violation of Section 23152.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 43, Ch. 724, Stats. 1999. Effective January 1, 2000.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
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California Vehicle Code VC 23530 – General Provisions

Posted by on May 4, 2012

California Vehicle Code VC 23530 – General Provisions

23530. This chapter applies to the imposition of penalties, sanctions, and probation upon persons convicted of violating driving while under the influence offenses that are set forth in Chapter 12 (commencing with Section 23100) of Division 11.

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

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California Vehicle Code VC 23213 – Rehabilitation Facilities: Vehicles on Premises

Posted by on May 4, 2012

California Vehicle Code VC 23213 – Rehabilitation Facilities: Vehicles on Premises

23213. No patient or other person residing in a social rehabilitation facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code for the rehabilitation of persons who have abused alcohol or drugs, shall have a motor vehicle registered in the name of that patient or person on or near the premises of that facility unless the patient or person has an operator’s license issued pursuant to this code which is not suspended or revoked.

Added Ch. 1339, Stats. 1982. Effective September 24, 1982.

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California Vehicle Code VC 23112.5 – Notification of Hazardous Spill

Posted by on May 4, 2012

California Vehicle Code VC 23112.5 – Notification of Hazardous Spill

23112.5. (a) Any person who dumps, spills, or causes the release of hazardous material, as defined by Section 353, or hazardous waste, as defined by Section 25117 of the Health and Safety Code, upon any highway shall notify the Department of the California Highway Patrol or the agency having traffic jurisdiction for that highway of the dump, spill, or release, as soon as the person has knowledge of the dump, spill, or release and notification is possible. Upon receiving notification pursuant to this section, the Department of the California Highway Patrol shall, as soon as possible, notify the Office of Emergency Services of the dump, spill, or release, except for petroleum spills of less than 42 gallons from vehicular fuel tanks.

(b) Any person who is convicted of a violation of this section shall be punished by a mandatory fine of not less than two thousand dollars ($2,000).

Amended Ch. 429, Stats. 1990. Effective January 1, 1991.
Amended Ch. 1214, Stats. 1994. Effective January 1, 1995.

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California Vehicle Code VC 21207 – Bicycle Lanes

Posted by on May 4, 2012

California Vehicle Code VC 21207 – Bicycle Lanes

21207. (a) This chapter does not prohibit local authorities from establishing, by ordinance or resolution, bicycle lanes separated from any vehicular lanes upon highways, other than state highways as defined in Section 24 of the Streets and Highways Code and county highways established pursuant to Article 5 (commencing with Section 1720) of Chapter 9 of Division 2 of the Streets and Highways Code.

(b) Bicycle lanes established pursuant to this section shall be constructed in compliance with Section 891 of the Streets and Highways Code.

Amended Ch. 517, Stats. 1993. Effective January 1, 1994.

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California DMV Driver Safety Office Locations

Posted by on May 4, 2012

California DMV Driver Safety Office Locations

City of Commerce:
5801 E. Slauson Avenue, Suite 250, Los Angeles, California 90040-3050
General Information or to Make an Appointment
Phone: 323-724-4000; Fax: 323-724-9262
›› Map and Directions

El Segundo:
390 N. Sepulveda Boulevard, Suite 2075, El Segundo, California 90245-4470
General Information or to Make an Appointment
Phone: 310-615-3500; Fax: 310-615-3581
›› Map and Directions

Fresno:
2510 S. East Avenue, Suite 310, Fresno, California 93706-5112
General Information or to Make an Appointment
Phone: 559-445-6399; Fax: 559-445-6379 or 445-6396
›› Map and Directions

Irvine:
16735 Von Karman Avenue, Suite 110, Irvine, California 92606-4953
General Information or to Make an Appointment
Phone: 949-440-4416; Fax: 949-440-4424
›› Map and Directions

Oakland:
303 Hegenberger Road, Suite 400, Oakland, California 94621-1452
General Information or to Make an Appointment
Phone: 510-563-8900; Fax: 510-563-8950
›› Map and Directions

Oxnard:
4050 S. Saviers Road, Oxnard, California 93033-6444
General Information or to Make an Appointment
Phone: 805-488-0863; Fax: 805-488-3219
›› Map and Directions

Sacramento:
4700 Broadway, 2nd Floor, Sacramento, California 95820-1501
General Information or to Make an Appointment
Phone: 916-227-2970; Fax: 916-227-2901
›› Map and Directions

San Bernardino:
1845 Business Center Drive, Suite 212, San Bernardino, California 92408-3447
General Information or to Make an Appointment
Phone: 909-383-7413; Fax: 909-383-7439
›› Map and Directions

San Diego:
9174 Sky Park Court, Suite 200, San Diego, California 92123-2666
General Information or to Make an Appointment
Phone: 858-627-3901; Fax: 858-627-3925
›› Map and Directions

San Francisco:
1377 Fell Street, 2nd Floor, San Francisco, California 94117-2296
General Information or to Make an Appointment
Phone: 415-557-1170; Fax: 415-557-7375
›› Map and Directions

San Jose:
90 Great Oaks Boulevard, Suite 104, San Jose, California 95119
General Information or to Make an Appointment
Phone: 408-229-7100; Fax: 408-229-7128 or 229-7129
›› Map and Directions

Van Nuys:
6150 Van Nuys Boulevard, Suite 205, Van Nuys, California 91401-3333
General Information or to Make an Appointment
Phone: 818-376-4217; Fax: 818-376-4215
›› Map and Directions

Superior Court Of California, County of Sacramento

Posted by Brianna Wilkins on May 4, 2012

Superior Court Of California, County of Sacramento

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 Sacramento DUI / DWI attorney for more information.

Gordon D. Schaber Downtown Courthouse
720 Ninth Street, Sacramento, CA 95814

William R Ridgeway Family Relations Courthouse
3341 Power Inn Road, Sacramento, CA 95826

Carol Miller Justice Center
301 Bicentennial Circle, Sacramento, CA 95826

Juvenile Courthouse
9605 Kiefer Boulevard, Sacramento, CA 95827

Lorenzo Patino Hall of Justice (Sacramento County Main Jail)
651 I Street, Sacramento, CA 95814

» Sacramento 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.

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Firearm Laws and Firearm Offenses

Posted by Brianna Wilkins on May 4, 2012

The list of weapons that are not allowed to be possessed, manufactured, imported or sold in California are numerous, and are all mentioned in the Penal Code. The list is as follows: “Any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice hand grenade or metal replica hand grenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.”

There are some exceptions to these rules. For example, short-barrel shotguns may be manufactured for use by a police agency. Nunchaku can be possessed at a licensed school for self-defense. There is also allowance for the possession of antique weapons. The law has common sense protections, and a qualified attorney, who is knowledgeable in the field of criminal defense, can help classify the exceptions for a client being charged with possession of firearms.

When a person has been previously convicted of murder or voluntary manslaughter, mayhem, rape, sodomy by force, oral copulation by force, lewd acts on a child under the age of 14, kidnapping, robbery, or almost any other felony, that person is guilty of a felony and has this on his or her record. Furthermore, if a person has a previous conviction and is found in possession of a firearm, they will be facing an automatic six months in county jail as a condition of probation or of a suspended sentence.

A person who has been convicted of domestic violence, or who has a restraining order against him or her, may not possess any firearms. If a person does own firearms, they must be sold or turned in to the authorities for a predetermined period of years. It is important for an individual who is accused of domestic violence or who is the potential subject of a restraining order, to seek competent legal counsel to defend against such actions and avoid the frustrations of being subject to extra restrictions.

In Los Angeles, one often hears of individuals discharging firearms from their vehicles. The legislature has reacted to the fear that these violent acts instilled in people, and subsequently added additional stiff penalties for those who discharge a weapon from a vehicle in the state of California. Any person who has the intent to inflict great bodily injury or death, and any person who does inflict great bodily injury or death by firing a weapon from a motor vehicle in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in state prison for 5, 6, or 10 years.

If you or someone you know has been arrested on charges related to firearms crimes, do not hesitate in seeking a free consultation and case evaluation from the experienced attorneys at The Kavinoky Law Firm.

California Vehicle Code VC 13350 – Required Revocation

Posted by on May 4, 2012

California Vehicle Code VC 13350 – Required Revocation

13350. (a) The department immediately shall revoke the privilege of any person to drive 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 of the driver of a vehicle involved in an accident resulting in injury or death to any person to stop or otherwise comply with Section 20001.
Any felony in the commission of which a motor vehicle is used, except as provided in Section 13351, 13352, or 13357.
Reckless driving causing bodily injury.

(b) If a person is convicted of a violation of Section 23152 punishable under Section 23546, 23550, or 23550.5, or a violation of Section 23153 punishable under Section 23550.5 or 23566, including a violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging his or her understanding of the revocation required by paragraph (5), (6), or (7) of subdivision (a) of Section 13352, and an acknowledgment of his or her designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed 10 days.

(c) The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in Section 16430.

Amended Sec. 1, Ch. 901, Stats. 1997. Effective January 1, 1998.
Amended Sec. 1.35, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 9, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 7, Ch. 545, Stats. 2002. Effective January 1, 2003.

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California Vehicle Code VC 13353.4 – Prohibitions: Restoration or Restricted Driving Privilege

Posted by on May 4, 2012

California Vehicle Code VC 13353.4 – Prohibitions: Restoration or Restricted Driving Privilege

13353.4. (a) Except as provided in Section 13353.7 or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in Section 13353, 13353.1, or 13353.3.

(b) The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in Section 14905, have been paid and the person gives proof of financial responsibility, as defined in Section 16430, to the department.

Amended Sec. 12, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 8, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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