California Vehicle Code VC 23229.1 – Possession of Alcohol in Limousine: Passengers Under Age 21

23229.1. (a) Subject to subdivision (b), Sections 23223 and 23225 do apply to any charter-party carrier of passengers, as defined in Section 5360 of the Public Utilities Code, operating a limousine for hire when the driver of the vehicle transports any passenger under the age of 21.

(b) For purposes of subdivision (a), it is not a violation of Section 23225 for any charter-party carrier of passengers operating a limousine for hire which is licensed pursuant to the Public Utilities Code to keep any bottle, can, or other receptacle containing any alcoholic beverage in a locked utility compartment within the area occupied by the driver and passengers.

(c) In addition to the requirements of Section 1803, every clerk of a court, or judge if there is no clerk, in which any driver in subdivision (a) was convicted of a violation of Section 23225 shall prepare within 10 days after conviction, and immediately forward to the Public Utilities Commission at its office in San Francisco, an abstract of the record of the court covering the case in which the person was convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the commission within 10 days after sentencing, and the abstract shall be certified, by the person required to prepare it, to be true and correct.

For the purposes of this subdivision, a forfeiture of bail is equivalent to a conviction.

(d) This section shall become operative on July 1, 1989.

Added Ch. 1105, Stats. 1988. Operative July 1, 1989.

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California Vehicle Code VC 23140 – Alcohol: Persons Under 21

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court, or judge if there is no clerk, shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.

Amended Ch. 938, Stats. 1994. Effective September 28, 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.
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California Vehicle Code VC 23109.5 – Speed Contests: Prior Convictions

23109.5. (a) In any case charging a violation of subdivision (a) of Section 23109 and where the offense occurs within five years of one or more prior offenses which resulted in conviction of violation of subdivision (a) of Section 23109, the court shall not strike any prior conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment, as provided in subdivision (f) of Section 23109, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in Section 13352 or 23109.

(b) In any case charging a violation of subdivision (a) of Section 23109, the court shall obtain a copy of the driving record of the person charged from the Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more prior convictions of the person for violation of subdivision (a) of Section 23109 have occurred within five years of the charged offense.

Added Ch. 953, Stats. 1983. Effective January 1, 1984.

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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 21202 – Operation on Roadway

21202. (a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
4. When approaching a place where a right turn is authorized.

(b) Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of that roadway as practicable.

Amended Sec. 4, Ch. 674, Stats. 1996. Effective January 1, 1997.

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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 Criminal Defense Attorney – Speed Enhancement

In California, a driver convicted of driving under the influence of alcohol can face additional sentence enhancing charges. Common causes for such sentencing enhancements are speeding, having children in the car, or causing an injury or traffic accident. If a driver is convicted of any of the above charges, the punishment for a DUI / DWI can be harsh. While one may want to enter a guilty plea and get the case over with, because of the staggering penalties that one may face it might be best to consult with a California criminal defense attorney to determine if you may be better off fighting the charges.

Sentencing enhancements for speeding may be added to the complaint for drunk driving cases where the police officer also cited the driver for driving 20 miles per hour above the speed limit on surface streets or 30 miles per hour above the speed limit on freeways.

When a driver is accused of speeding, the prosecutor may decide to add an additional charge of reckless driving. Still, it is important to remember that this is a criminal case and that a DUI / DWI lawyer will be able to fight any sentence enhancing charges. Just like the original DUI / DWI charge, speeding and reckless driving must be proved beyond a reasonable doubt.

The prosecutor must illustrate that the driver was acting willfully or wantonly driving in a dangerous manner without regard for others in order to prove reckless driving. The simple fact that the driver was speeding is not sufficient to convict a driver of reckless driving. However, if the prosecutor is able to prove speeding and reckless driving, the driver will face 60 days in jail. This jail sentence will be added to any other court punishment.

In some driving under the influence (DUI) or driving while intoxicated (DWI) cases where sentence enhancing charges are part of the complaint, the prosecutor may offer a plea bargain. The facts of each particular case will differ, but there are times when an experienced California DUI / DWI attorney might recommend accepting a negotiated plea in order to avoid the potential punishment that can result from a conviction on a sentence enhancing charge. If you are arrested for drunk driving, you may contact The Kavinoky Law Firm for a free evaluation and more information on your case.

DUI / DWI and Car Insurance

There is no question that a drunk driving conviction is not good for a person’s car insurance rates. Insurance companies are basically gambling on the odds that a driver will not get into an accident or have their car stolen. When an individual is convicted of driving under the influence of alcohol, the insurance company will consider that person a greater risk for loss and will therefore increase that person’s premiums substantially or even cancel the policy altogether. One way to avoid this expense is to hire an experienced California DUI Lawyer to fight the charges.

A DUI / DWI charge in California results in two separate cases. A driver will face a California DMV hearing and a California criminal case. A California criminal defense lawyer can help with both cases. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. One such negative repercussion is the possibility that the driver’s insurance rates will increase or that the insurance company will cancel the policy altogether. In California Department of Motor Vehicles cases a person arrested on suspicion of drunk driving has ten days from the date of arrest to request a DMV hearing or the person’s license to drive will automatically be suspended. Such a suspension will have to be reported to the driver’s insurance carrier.

In your drunk driving criminal case, the first step is the arraignment. At the arraignment, you will be asked to enter a plea of Guilty, Not Guilty, or No Contest. You don’t have to enter a Guilty plea. If you do enter a plea of Guilty, you will be convicted and will face significant issues with car insurance. An accomplished and experienced California DUI Lawyer or DWI attorney who is experienced in the California DUI laws can fight your case and win. Oftentimes it takes costly resources to fight a driving under the influence case, and the issues are complex. It is possible to win a case with the right legal counsel with a great strategy for success in both the D.M.V. hearing and the criminal case.

A driver who is merely arrested on suspicion of driving under the influence or driving while intoxicated is under no obligation to report the arrest to the insurance company. Being arrested for a crime is different than being convicted. People are considered innocent until proven guilty, even to the insurance company. If one is convicted however, there will generally be some form of reporting requirement to fulfill. An experienced California criminal defense lawyer will aggressively defend a driver in a criminal case and give advice on how to communicate with an insurance company.

In reality, most large national insurance companies will cancel a driver’s policy once they have been notified of a conviction for drunk driving or driving under the influence of drugs.

Drivers convicted of a California DUI / DWI need to file an SR-22 form, or formal Certificate of Insurance, following the conviction. Drivers must also report a finding of Guilty at a DMV hearing. SR-22 forms are only used in drunk driving cases. Therefore, if someone requests an SR-22 from his or her insurer, this will raise an immediate red flag with the company.

California Defense Attorney – Opening Statements

After the jury is selected in a drunk driving trial, both the defense and the prosecution give opening statements to the jury. Opening statements are critically important to the success of a DUI / DWI defense. A skilled criminal defense attorney from The Kavinoky Law Firm will use this opportunity to allow the jury to get to know the attorney and his or her client and introduce some important defense concepts.

Because the prosecutor has the burden of proving the case, he or she is allowed to deliver the first opening statement. After the prosecutor speaks, the defense lawyer has the option of giving his or her opening statement or waiting until after the prosecution has finished presenting its case. A DUI / DWI defense lawyer often opts to give an opening statement after the prosecutor, because it reminds jurors to keep both sides in mind during the prosecutor’s case.

A good criminal defense lawyer often opts to give the jury something to keep in mind while the prosecution presents its case, but he or she cannot make any statements that can’t be delivered upon later. Therefore, it isn’t uncommon for a defense attorney to deliver a fairly generic opening statement. Often the defense lawyer will merely ask jurors to keep an open mind until they have heard all of the evidence and begin their deliberations. The defense attorney should also remind jurors that the prosecutor has the burden of proving every element of a driving under the influence case beyond a reasonable doubt in order to obtain a conviction.

It’s critical to remind jurors about these issues, because they may hold an initial belief that a driver with a chemical test that showed a blood alcohol content (BAC) of .08 percent or greater must be guilty of DUI / DWI. However, this is far from true. If the defense attorney can persuade jurors to keep an open mind and listen to every item of evidence before making a decision about the driver’s guilt, a small battle is already won.

A skilled California DUI defense lawyer will also remind jurors that the defense does not have to prove anything. The defense lawyer could rest the case without presenting any evidence at all of the defendant’s innocence, and if the prosecutor hasn’t proved every element of the driving while intoxicated case beyond a reasonable doubt, the jury must deliver a not guilty verdict.

Because it’s one of a defense attorney’s first opportunities to connect with jurors, opening arguments can be an important part of defending an accused drunk driver in court. The knowledgeable defense lawyers at The Kavinoky Law Firm have the experience needed to deliver an opening argument that will lay the foundation to a successful DUI / DWI defense.

California Criminal Defense Attorney – Should the Defendant Testify?

Both the prosecutor and the defense attorney call numerous witnesses in a California DUI / DWI trial. In fact, the defense lawyer may call the defendant to the stand to testify. Whether to ask the defendant to testify is an extremely difficult question for a drunk driving criminal defense lawyer, and the correct answer depends on the facts of the case.

In many cases, it’s useful to have the defendant explain how an injury or illness, such as emphysema, chronic acid reflux, or diabetes could have impacted the results of a chemical test. The defendant’s testimony might excuse a chemical test refusal or help explain why the driver’s blood alcohol content (BAC) reading was artificially high.

Sometimes it’s helpful to have the accused driver testify merely so that they can make a connection with the jury. Jurors are instructed that they may not interpret the fact that the defendant did not testify as a sign of guilt, but jurors are human, and sometimes cannot put their personal feelings aside. Therefore, jurors may conclude that the defendant didn’t take the stand because he or she is guilty. An experienced DUI / DWI criminal defense lawyer will weigh the risk of having the defendant testify against this possibility.

However, there are also excellent reasons to keep the accused driver off the stand. Some defendants are better off not being cross-examined by the prosecution. Some drivers might be nervous, emotional, or less than truthful on the stand. This allows the prosecutor to score points against the defense’s own witness.

In some cases it’s critical that the accused driver not testify because he or she was extremely intoxicated at the time of arrest, and may not remember many details about the encounter with police. Such a driver can derail a carefully crafted defense strategy and spell a guilty verdict for the defendant.

Experienced California DUI / DWI defense lawyers know when to have defendants testify and when they shouldn’t. In cases where it’s a good idea to have the driver take the stand, a skilled defense attorney will prepare that testimony carefully and thoroughly, to help the defendant avoid mistakes and anticipate any attacks from the prosecution on cross-examination.

Under the Influence of Drugs

Under California Health and Safety Code section 11550, it’s against the law to be under the influence of a controlled substance such as heroin, cocaine, methamphetamine or Ecstasy. It’s also illegal to be under the influence of prescription narcotics classified as Schedule III, IV or V unless they’re taken with a valid prescription.

A skilled California drug lawyer from The Kavinoky Law Firm will do everything possible to fight your under the influence of drugs case as well as any other criminal charges you face.

A violation of California H&S 1150 is a misdemeanor punishable by 90 days to one year in jail. However, if you meet certain qualifications, you may be eligible for alternative sentencing such as a deferred entry of judgment (DEJ), Prop. 36, or drug court.

If you are eligible for diversion and successfully complete the program, you can put the incident behind you without having a criminal record. Defendants completing California drug diversion are typically required to attend 12-step meetings, classes and/or counseling sessions, take periodic drug tests, and complete all requirements laid out by the court.

If you’re facing a California under the influence of drugs or narcotics charge, it’s in your best interests to aggressively fight the charges. Experienced California criminal defnese lawyers from The Kavinoky Law Firm will fight to protect your reputation and your freedom. Please contact a knowledgeable California drug lawyer today at 1.800.NO.CUFFS for a free consultation or fill out the following form to receive a Free Drug Case Evaluation.

California Vehicle Code VC 13351.85 – Towing Service: Required Suspension

13351.85. Upon receipt of a duly certified abstract of any court showing that a person has been convicted of a violation of Section 12110, the department shall suspend that person’s driving privilege for four months if the conviction was a first conviction, and for one year, if the conviction was a second or subsequent conviction of a violation of that section that occurred within seven years of the current conviction.

Added Sec. 2, Ch. 641, Stats. 2000. Effective January 1, 2001.

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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.