California Vehicle Code VC 23247 – Ignition Interlock Device Prohibitions

23247. (a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352 or 23575, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person, whose driving privilege is restricted pursuant to Section 13352 or 23575 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.

(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352 or 23575 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.

(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352 or 23575.

(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.

(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352 or 23575 to operate any vehicle not equipped with a functioning ignition interlock device.

(f) Any person convicted of a violation of this section shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.

(g) (1) If any person whose driving privilege is restricted pursuant to Section 13352 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person’s driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.

(2) If any person who is restricted pursuant to subdivision (a) or (l) of Section 23575 is convicted of a violation of subdivision (e), the department shall suspend the person’s driving privilege for one year from the date of the conviction.

(h) Notwithstanding any other provision of law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.

Added Ch. 694, Stats. 1992. Effective January 1, 1993.
Amended Ch. 1244, Stats. 1993. Effective January 1, 1994.
Amended Ch. 1237, Stats. 1994. Effective September 30, 1994.
Amended Sec. 22, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended Sec. 28, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.

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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 23152 – Driving Under Influence of Alcohol or Drugs

23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995

NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.

23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.

Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.

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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 23110 – Throwing Substances at Vehicles

23110. (a) Any person who throws any substance at a vehicle or any occupant thereof on a highway is guilty of a misdemeanor.

(b) Any person who with intent to do great bodily injury maliciously and wilfully throws or projects any rock, brick, bottle, metal or other missile, or projects any other substance capable of doing serious bodily harm at such vehicle or occupant thereof is guilty of a felony and upon conviction shall be punished by imprisonment in the state prison.

Amended Ch. 1119, Stats. 1976. Effective January 1, 1977. Supersedes Ch. 1139.

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California Vehicle Code VC 21204 – Riding on Bicycle

21204. (a) No person operating a bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto.

(b) No operator shall allow a person riding as a passenger, and no person shall ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

Amended Ch. 1000, Stats. 1993. Effective January 1, 1994.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Criminal Defense Attorney – Wet-Reckless Plea

One may plead guilty to a variety of charges relating to driving while intoxicated or driving under the influence of alcohol or drugs. A criminal defense attorney will help to determine the nature of the charges and of the prosecutor’s ability to back up the charges with good evidence before making any decision.

An attorney skilled in defending drinking and driving cases will try to get the charge reduced. If the charge is felony DUI, misdemeanor driving under the influence will be a reduced charge. When one is charged with a misdemeanor drunk driving, lesser charges that one might seek that carry less harsh punishments include 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 a 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.

A plea bargain is a compromise between the criminal defense attorney and the prosecution. If the prosecution does not feel that they will be able to win at trial, they will offer a deal to the defendant. If the prosecutor believes strongly in their case, they may not offer any compromise. A DUI / DWI lawyer will discuss the case with prosecutor and try to iron out a deal that will spare the hassle of trial if the driver agrees to plead guilty to lesser charges or a to the same charges with negotiated consequences.

A wet-reckless is similar to a DUI but does not carry some of the same mandatory punishments that a misdemeanor DUI carries. A wet-reckless will generally be offered where the driver’s BAC was .10 percent or less. There are no mandatory alcohol education classes, no driver’s license suspensions and no SR-22 filings so long as the driver was successful at the DMV hearing. For those holding or seeking professional licenses, they will have an easier time passing the scrutiny of the licensing boards with a wet-reckless rather than a DUI on their records.

On the other hand, a wet-reckless will be counted as a prior DUI if a driver is charged with a second DUI / DWI within 10 years of the first one. Also, insurance companies often view a wet-reckless as the same thing as a driving under the influence conviction, so a driver can expect to pay higher insurance bills.

If a person is charged with driving under the influence or driving while intoxicated in California, the best thing to do is to contact a California criminal defense attorney to assist in deciding whether or not a plea should be taken. In many cases, a California DUI / DWI attorney will advise their clients to plead to a wet-reckless if the prosecutor makes the offer. Of course, the facts of each driving while intoxicated case must be evaluated before any decision can be reached.

DMV Consequences for first time DUI Offenders

The driver who is arrested for driving under the influence of alcohol will require the counsel of a California criminal defense attorney with vast experience in DUI cases. A first-time DUI still requires a case be filed within ten days of arrest with the DMV to protect driving privileges.  An experienced DUI attorney can assist with the DMV case. In California there is both a Department of Motor Vehicles hearing and a criminal court case. Court date and hearings for the criminal case will be set by the court after arraignment. However, a DMV hearing will only take place if the driver requests a hearing within ten days of a drunk driving arrest. If no request is made, a thirty day automatic suspension of driving privileges will take place.

Two crucial factors in a DMV hearing will be whether there are prior driving under the influence violations on the driver’s record, and whether there was a refusal to submit to chemical tests. In the case of a first offense DUI, there will be no previous marks on the driver’s record. If there was a refusal to submit to the chemical tests following an arrest, a first time drinking and driving violation will carry an automatic one year suspension without any chances of getting a restricted license to allow for travel to and from work.

A first offense drunk driving where the driver voluntarily submits to a blood or breath test after being arrested, generally the punishment will be a four month suspension and the driver will be required to file formal proof of insurance with the Department of Motor Vehicles. This is done with the filing of an SR-22 form. This filing will be required for three years. But, for the first time offender, they may be entitled to a restricted license that allows for the travel to and from work.

In order for any sanction such as restriction, suspension, or revocation can take place, the DMV hearing officer must face three issues, and be satisfied with each of the three issues. In short those issues are whether the officer had reasonable cause to believe the driver was under the influence of alcohol or committed another crime or vehicle code violation. Next is whether the arrest of the driver was lawful, and lastly is whether the driver’s BAC was above the legal limit at the time of driving.

The DMV has the sole authority in California to suspend driving privileges. Criminal courts do not have this authority. However, when a motorist is convicted of drunk driving in California, the DMV will find out. Once the DMV has found out that a driver was convicted of DUI, the driver’s license will be automatically suspended for six months. This six month suspension will run concurrently with the original four months suspension given after the Department of Motor Vehicles hearing.

Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI cases on your side if you want to minimize the consequences against your license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the DMV and protect your driving privileges.

Proposition 36

If a criminal defendant is convicted of a Non-Violent Drug Possession Offense after July 1, 2001, they may be eligible for Proposition 36 sentencing. Prop 36 sentencing consists of probation and drug treatment, and specifically states that a defendant shall not be required to spend time in jail as a condition of probation.

A Proposition 36 sentence requires treatment for up to one year, with an additional six months of aftercare. This may include outpatient treatment, halfway house (sober living) treatment, narcotic replacement therapy, drug education or prevention courses and/or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situations or severe dependence. However, a Prop 36 sentence does not include drug treatment programs offered in a prison or jail facility. Jail is only a possible sentence where multiple efforts at rehabilitation have failed.

Note that possession for sale, production or manufacturing controlled substances DO NOT count as Non-Violent Drug Possession Offenses, and Prop 36 relief is not available.

One of the benefits to Prop 36 relief over Diversion is that it does not require a guilty plea; Prop 36 treatment is still available after a jury trial. However, there are some downsides as well: there is still a conviction on record while in treatment, and a person is not granted leave to deny that it occurred. Dismissal of the case is not automatic, and it remains to be seen how courts will deal with this.

Because of these variables, it is essential that anyone facing a drug charge receive legal advice from a California DUI and drug case lawyer that can advise the accused about all of his or her options.

If you or someone you care about has a problem with alcohol or drugs, and wants help, please contact our offices at once. We can help.

California Vehicle Code VC 13351.5 – Assault With Deadly Weapon: Motor Vehicle

13351.5. (a) Upon receipt of a duly certified abstract of the record of any court showing that a person has been convicted of a felony for a violation of Section 245 of the Penal Code and that a vehicle was found by the court to constitute the deadly weapon or instrument used to commit that offense, the department immediately shall revoke the privilege of that person to drive a motor vehicle.

(b) The department shall not reinstate a privilege revoked under subdivision (a) under any circumstances.

(c) Notwithstanding subdivision (b), the department shall terminate any revocation order issued under this section on or after January 1, 1995, for a misdemeanor conviction of violating Section 245 of the Penal Code.

Added Ch. 1221, Stats. 1994. Effective January 1, 1995.
Amended Sec. 15, Ch. 606, Stats. 1998. Effective January 1, 1999.

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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 13353.6 – Commercial Driver’s License: Suspension and Restriction

13353.6 (a) If the person’s driver’s license is a commercial driver’s license, as defined in Section 15210, and if the person has not had a separate violation of Section 23103 as specified in Section 23103.5, Section 23152, or Section 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code which resulted in a conviction, and if the person’s privilege to operate a motor vehicle has not been previously suspended or revoked pursuant to Section 13353 or 13353.2 for an offense which occurred on a separate occasion, notwithstanding Section 13551, the department shall, upon receiving the officer’s sworn statement and the receipt of the person’s driver’s license and after review pursuant to subdivision (d) of Section 13353.2, suspend the person’s privilege to operate a motor vehicle for 30 days, and then reissue the person a commercial driver’s license and endorsements with restrictions, as follows:

1. The restricted commercial driver’s license shall authorize the operation of a motor vehicle only to and from, and in the course and scope of, the person’s employment.
2. The term of the restricted license is 30 days after the date that the order of suspension is effective pursuant to Section 13353.3 until six months after that date.

(b) The person may be issued an unrestricted commercial driver’s license after the term of restriction under this section.

(c) This section applies only to the holder of a commercial driver’s license who was not operating a commercial vehicle, as defined in Section 15210, at the time of the offense.

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

Amended and repealed Sec. 9, Ch. 952, Stats. 2004. Effective January 1, 2005. Repeal operative January 1, 2006.
The 2004 amendment added the italicized material.

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

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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 13366.5 – Commercial Driving Privilege: Effective Date of Suspension or Revocation

13366.5. (a) Notwithstanding Section 13366, whenever in this code the department is required to disqualify the commercial driving privilege of a person to operate a commercial motor vehicle upon the conviction of that person of a violation of this code, the suspension or revocation shall begin upon receipt by the department of a duly certified abstract of any court record showing that the person has been so convicted.

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

Added Sec. 11, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
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