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California Vehicle Code VC 13352 – Suspension or Revocation for DUI or Speed Contest

Posted by on May 4, 2012

13352. (a) The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of any court showing that the person has been convicted of a violation of Section 23152 or 23153 or subdivision (a) of Section 23109, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic 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 or subdivision (a) of Section 23109. If any offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified below shall apply to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:

Except as required under Section 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll, participate and complete either program described in paragraph (4) of subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.
Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) Section 23556. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll, participate, and complete either program described in paragraph (4) of subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.
Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the suspension period, which may include credit for any suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:
1. The person has satisfactorily provided, subsequent to the violation date of the current underlying conviction, either of the following:
  1. Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.
  2. Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
2. The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
3. The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (e) of Section 13386.
4. The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
5. The person provides proof of financial responsibility, as defined in Section 16430.
6. The person pays all administrative fees or reissue fees and any restriction fee required by the department.
7. The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23562. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of ( )1 12 months of the revocation period, which may include credit for any suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:
1. Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23562. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of ( )1 12 months of the revocation period, which may include credit for any suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:
  1. ( )2 The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.
  2. The initial ( )1 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in that 30-month program.
2. The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (e) of Section 13386.
3. The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
4. The person provides proof of financial responsibility, as defined in Section 16430.
5. The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
6. The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of ( )1 12 months of the revocation period, which may include credit for any suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:
1. The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following:
  1. ( )2 The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.
  2. The initial ( )1 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program.
2. The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (e) of Section 13386.
3. The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
4. The person provides proof of financial responsibility, as defined in Section 16430.
5. An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
6. The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
7. The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23568 or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of ( )3 12 months of the revocation period, which may include credit for any suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:
1. The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following:
  1. The initial ( )1 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program.
  2. ( )2 The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
2. The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (e) of Section 13386.
3. The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
4. The person provides proof of financial responsibility, as defined in Section 16430.
5. Any individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
6. The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
7. The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or Section 23153 punishable under Section 23550.5 the privilege shall be revoked for a period of four years. The privilege may not be reinstated until the person gives proof of financial responsibility and proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of ( )4 12 months of the revocation period, which may include credit for any suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:
1. The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following:
  1. ( )2 The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.
  2. The initial ( )1 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program.
2. The person submits the "Verification of Installation" form described in paragraph (2) of subdivision (e) of Section 13386.
3. The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
4. The person provides proof of financial responsibility, as defined in Section 16430.
5. An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
6. The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
7. The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege may not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege may not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.

(b) For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153 or subdivision (a) of Section 23109, as specified in subdivision (a) of this section, is a conviction.

(c) A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.

(d) A conviction of an 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 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.

(e) For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.

(f) For the purposes of this section, completion of a program is the following:

Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.

(g) The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under this section is not eligible for the restricted driver’s license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).( )5

Amended Sec. 1.5, Ch. 595, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
Amended Sec. 1, Ch. 646, Stats. 2005. Effective January 1, 2006. Supersedes Sec. 199, Ch. 22.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

"18"
"An"
"30"
"24"
"(h) This section shall become operative on September 20, 2005."

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California Vehicle Code VC 13354 – Driver’s License Actions: Consecutive

Posted by on May 4, 2012

California Vehicle Code VC 13354 – Driver’s License Actions: Consecutive

13354 (a) Notwithstanding Section 13366, if (1) an abstract of conviction is received by the department for an offense which requires the department to restrict, suspend, or revoke the privilege to operate a motor vehicle of a person after conviction or finding of a violation pursuant to Section 13352 or 13352.5, (2) there is a suspension of that person’s privilege to operate a motor vehicle already in effect for refusal to consent to, or for failure to complete, a chemical test pursuant to Section 13353 or a suspension already in effect for driving with an excessive alcohol content in the person’s blood pursuant to Section 13353.2, (3) that suspension is administratively final and resulted from the same arrest, and (4) the sentencing court orders these restrictions, suspensions, revocations, or a combination thereof to run consecutively, then the restriction, suspension, or revocation resulting from the conviction or finding pursuant to Section 13352 or 13352.5 shall commence after the suspension already in effect pursuant to Section 13353 or 13353.2 has terminated, except as provided in subdivision (c) of Section 13353.3

(b) Notwithstanding Section 13366, if (1) the department is required to suspend a person’s privilege to operate a motor vehicle for refusal to consent to, or for failure to complete, a chemical test pursuant to Section 13353 or to suspend a person’s privilege to operate a motor vehicle for driving with an excessive alcohol content in the person’s blood pursuant to Section 13353.2, (2) there is a restriction, suspension, or revocation of the person’s privilege to operate a motor vehicle already in effect for a conviction or finding of a violation pursuant to Section 13352 or 13352.5 which resulted from the same arrest, and (3) the sentencing court orders these restrictions, suspensions, revocations, or a combination thereof to run consecutively, then the suspension for refusal to consent to, or for failure to complete, the chemical test pursuant to Section 13353 or the suspension of that person’s privilege to operate a motor vehicle already in effect for driving with an excessive alcohol content in the person’s blood pursuant to Section 13353.2 shall commence after the restriction, suspension, or revocation already in effect pursuant to Section 13352 or 13352.5 has terminated, except as provided in subdivision (c) of Section 13353.3.

(c) The purpose of this section is to require that any suspension under Section 13353 or 13353.2 and any restriction, suspension or revocation under Section 13352 or 13352.5 resulting from the same arrest are cumulative and shall be imposed consecutively, if so ordered by the court.

(d) This section shall become inoperative on September 20, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed.

Amended and repealed Sec. 11, Ch. 551, Stats. 2004. Effective January 1, 2005.
Repeal operative January 1, 2006.

NOTE: The preceding section becomes inoperative on September 20, 2005, and is repealed January 1, 2006.

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California Vehicle Code VC 13369 – Refusal to Issue or Renew, Suspension, or Revocation of Certificate or Endorsement

Posted by on May 4, 2012

California Vehicle Code VC 13369 – Refusal to Issue or Renew, Suspension, or Revocation of Certificate or Endorsement

13369. (a) This section applies to the following endorsements and certificates:

Passenger transportation vehicle.
Hazardous materials.
Schoolbus.
School pupil activity bus.
Youth bus.
General public paratransit vehicle.
Farm labor vehicle.
Vehicle used for the transportation of developmentally disabled persons.

(b) The department shall refuse to issue or renew, or shall revoke the certificate or endorsement of any person who meets the following conditions:

(1) Within ( )1 three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5. The department may not refuse to issue or renew, nor may it revoke, a person’s hazardous materials or passenger transportation vehicle endorsement if the violation leading to the conviction occurred in the person’s private vehicle and not in a commercial motor vehicle, as defined in Section 15210.
(2) Within ( )1 three years, has had his or her driving privilege suspended, revoked, or on probation for any reason involving unsafe operation of a motor vehicle. The department may not refuse to issue or renew, nor may it revoke, a person’s passenger transportation vehicle endorsement if the person’s driving privilege has, within ( )1 three years, been placed on probation only for any reason involving unsafe operation of a motor vehicle.
(3) Notwithstanding paragraphs (1) and (2), does not meet the qualifications for issuance of a hazardous materials endorsement set forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal Regulations.

(c) The department may refuse to issue or renew, or may suspend or revoke the certificate or endorsement of any person who meets any of the following conditions:

Within ( )1 12 months, has been involved as a driver in three accidents in which the driver caused or contributed to the causes of the accidents.
Within ( )1 24 months, as a driver, caused or contributed to the cause of an accident resulting in a fatality or serious injury or serious property damage in excess of seven hundred fifty dollars ($750).
Has violated any provision of this code, or any rule or regulation pertaining to the safe operation of a vehicle for which the certificate or endorsement was issued.
Has violated any restriction of the certificate, endorsement, or commercial driver’s license.
Has knowingly made a false statement or ( )2 failed to disclose a material fact on an application for a certificate or endorsement.
Has been determined by the department to be a negligent or incompetent operator.
Has demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the applicant’s ability to perform the duties of a driver may be impaired.
Excessively or habitually uses, or is addicted to, alcoholic beverages, narcotics, or dangerous drugs.
Does not meet the minimum medical standards established or approved by the department.

(d) The department may cancel the certificate or endorsement of any driver who meets any of the following conditions:

Does not have a valid driver’s license of the appropriate class.
Has requested cancellation of the certificate or endorsement.
Has failed to meet any of the requirements for issuance or retention of the certificate or endorsement, including, but not limited to, payment of the proper fee, submission of an acceptable medical report and fingerprint cards, and ( )3 compliance with prescribed training requirements.
Has had his or her driving privilege suspended or revoked for a cause involving other than the safe operation of a motor vehicle.

(e) ( )4 (1) Reapplication following ( )5 refusal or revocation under subdivision (b) or (c) may be made after a period of not less than one year from the effective date of denial or revocation, except in cases where a longer period of suspension or revocation is required by law.

(2) Reapplication following cancellation under subdivision ( )6 (d) may be made at any time without prejudice. ( )7

Added Sec. 12.5, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
Amended Sec. 1, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

"the prededing"
"concealed"
"has failed to meet"
"With regard to a violation, accident, or departmental action that occurred prior to January 1, 1991, subdivision (a) and paragraphs (1), (2), and (3) of subdivision (b) do not apply to a driver holding a valid passenger transport or hazardous materials endorsement, or a valid class 1 or class 2 driver’s license who is applying to convert that driver’s license to a class A or class B driver’s license with a passenger transport or hazardous materials endorsement, if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement, or a valid class 3 driver’s license who is applying for a class C driver’s license with a hazardous materials endorsement if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement.

(f) Subdivision (e) does not apply to drivers applying for a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle certificate.
(g) "

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

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California Vehicle Code VC 23576 – Exception for Operation of Vehicle

Posted by on May 4, 2012

California Vehicle Code VC 23576 – Exception for Operation of Vehicle

23576. (a) Notwithstanding Section 23575, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the person’s driving privilege has been restricted pursuant to Section 23575 and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle.

(b) A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Section 23575, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).

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

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California Vehicle Code VC 23554 – Penalties: First Conviction

Posted by on May 4, 2012

California Vehicle Code VC 23554 – Penalties: First Conviction

23554. If any person is convicted of a first violation of Section 23153, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 90 days nor 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). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (2) 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.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 28, Ch. 545, Stats. 2002. Effective January 1, 2003.

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California Vehicle Code VC 23225 – Storage of Opened Container

Posted by on May 4, 2012

California Vehicle Code VC 23225 – Storage of Opened Container

23225. (a) (1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle.

(2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

(3) If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container. As used in this paragraph, "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

(b) Subdivision (a) is also applicable to a driver of a motor vehicle if the registered owner is not present in the vehicle.

Amended Sec. 4, Ch. 384, Stats. 1998. Effective August 24, 1998.
Amended Sec. 4, Ch. 723, Stats. 1999. Effective January 1, 2000.

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California Vehicle Code VC 23129 – Camper Exits

Posted by on May 4, 2012

California Vehicle Code VC 23129 – Camper Exits

23129. No person shall drive a motor vehicle upon which is mounted a camper containing any passengers unless there is at least one unobstructed exit capable of being opened from both the interior and exterior of such camper.

Added Ch. 432, Stats. 1972. Effective March 7, 1973.

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California Vehicle Code VC 23104 – Reckless Driving: Bodily Injury

Posted by on May 4, 2012

California Vehicle Code VC 23104 – Reckless Driving: Bodily Injury

23104. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to any person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment.

(b) Any person convicted of reckless driving which proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23109, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.

Amended Ch. 216, Stats. 1984. Effective January 1, 1985.

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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 for driving under the influence of alcohol or drugs in the state of California, 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 a skilled California DUI / DWI defense attorney 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). A California attorney with experience defending drinking and driving cases will help drivers navigate through both the DMV hearing and the court case.

California Criminal Defense Attorney – Dry-Reckless Plea

Posted by on May 4, 2012

California Criminal Defense Attorney – Dry-Reckless Plea

A DUI / DWI lawyer will try to get DUI charges reduced whenever possible. If the charge is felony drunk driving, an attorney might seek a reduced charge of misdemeanor driving under the influence. When the charge is a misdemeanor driving while intoxicated, a lawyer will attempt to find a compromise that will result in lesser charges such a wet-reckless or a dry-reckless.

A California DUI / DWI attorney knows that sometimes it is better to accept a plea bargain than to go to trial in drunk driving cases. The plea negotiations in a drunk driving case will often depend on the strength of the prosecution’s case. A weak case may result in an offer that may be too good to turn down.

In cases involving driving under the influence or driving while intoxicated, the driver will often be offered the chance to accept a plea bargain. A California criminal defense attorney can advise the driver on whether or not to accept a deal. Often it is the DUI / DWI lawyer who negotiates a deal with the prosecution. The prosecution’s negotiations will differ depending on the strength of the case. The lower their chances of winning at trial, the higher the chances are that they will offer a compromise to the driver. The compromise generally involves the driver pleading to a reduced charge.

A dry-reckless is a non-alcohol related offense and it is generally wise to accept it when the prosecution makes the offer. As a non-alcohol related offense, the punishments for a dry-reckless in California is significantly less than the punishment imposed for a wet-reckless or a D.U.I. A criminal defense lawyer will often consider pleading to a dry-reckless as a very favorable result to a DUI / DWI charge.

A dry-reckless carries probation and minor fines. Furthermore, a dry-reckless does not count as a prior DUI in California. Compared to the punishment for a driving under the influence conviction, a dry-reckless is easy street. Depending on the case, alcohol education classes may be required. However, there will be neither suspension of the driver’s license nor any requirement to file formal proofs of insurance (SR-22 form) so long as the driver is successful at the DMV hearing.

A dry-reckless will typically be offered when a driver’s BAC was .08 percent or less. If a dry-reckless is offered by the prosecutor, it may not be worth it to the driver to go to trial even if their BAC was very low. A dry-reckless is a misdemeanor that carries very little in the way of fine and punishment.

Whether or not a driver should accept a plea depends on the specific facts of each case. A California DUI / DWI attorney can be of assistance in negotiating a reasonable compromise with the prosecution. A plea bargain is a generally a deal that criminal defense attorney and prosecutor will come to after assessing the relative strengths and weaknesses of their respective cases.