California Vehicle Code VC 23109.2 – Vehicle Impoundment: Speed Contests

23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that contest in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.

(2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109.

(B) Reckless driving on a highway, as described in subdivision (a) of Section 23103.

(C) Reckless driving in any offstreet parking facility, as described in subdivision (b) of Section 23103.

(D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109.

(b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.

(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:

1. If the vehicle is a stolen vehicle.
2. If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.
3. If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a).
4. If the legal owner or registered owner of the vehicle is a rental car agency.
5. If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.

(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.

(3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.

(d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:

1. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.
2. The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
3. The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.

(e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.

(2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.

(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining possession of the vehicle.

(4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.

(5) The vehicle may not be sold prior to the defendant’s conviction.

(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c) of Section 23109.2. Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.

(f) Any period in which a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (h) of Section 23109.

(g) This section shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2007, deletes or extends that date.

Added Sec. 2, Ch. 884, Stats. 1996. Effective January 1, 1997.
Amended Sec. 2, Ch. 411, Stats. 2002. Effective January 1, 2003.
Amended Sec. 308, Ch. 62, Stats. 2003. Effective January 1, 2004.

NOTE: The preceding section becomes inoperative on January 1, 2007, at which time the following section becomes operative.

23109.2. (a) Whenever a peace officer determines that a person was engaged in a motor vehicle speed contest, as described in subdivision (a) of Section 23109, the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that contest in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.

(b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.

(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:

1. If the vehicle is a stolen vehicle.
2. If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.
3. If the legal owner or registered owner of the vehicle is a rental car agency.
4. If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.

(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.

(3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.

(e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.

(2) Notwithstanding paragraph (1), if the person convicted of engaging in a motor vehicle speed contest was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.

(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining possession of the vehicle.

(4) The owner shall not be liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.

(5) The vehicle shall not be sold prior to the defendant’s conviction.

(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c) of Section 23109.2. Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.

(f) Any period in which a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (h) of Section 23109.

g) This section shall become operative on January 1, 2007.

Added Sec. 3, Ch. 411, Stats. 2002. Effective January 1, 2003. Operative January 1, 2007.

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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.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

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 DUI Law – Misdemeanor and Felony DUI

The basic DUI law can be found in California Vehicle Code sections 23152 and 23153.

In order to convict a person of DUI, the prosecutor must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 or more, by weight, of alcohol in the blood, BAC.

A DUI case may be charged as a felony (meaning the punishment can be a term in state prison for a minimum of 16 months) where someone is injured, or where the accused has three or more prior DUI convictions. (Note that certain related charges, such as “wet reckless” driving may count as a prior DUI conviction for this purpose.) These violations must have happened within ten (10) years of the new charge to count against the accused as a prior conviction.

Remember, there are two ways to be convicted of DUI:

1. Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being a sloppy driver as the result of drinking or taking drugs); or
2. Driving a vehicle while having .08 or more, by weight, of alcohol in the blood, See Blood Alcohol Calculator (BAC).

So, how do prosecutors convict people of driving while intoxicated? The evidence typically falls into one of three broad categories: Driving, Field Sobriety Tests, and Chemical Tests.

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 13352 – Suspension or Revocation for DUI or Speed Contest

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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:

1. 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.
2. 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:

1. "18"
2. "An"
3. "30"
4. "24"
5. "(h) This section shall become operative on September 20, 2005."

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

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

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

1. Passenger transportation vehicle.
2. Hazardous materials.
3. Schoolbus.
4. School pupil activity bus.
5. Youth bus.
6. General public paratransit vehicle.
7. Farm labor vehicle.
8. 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. (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. (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. (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:

1. 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.
2. 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).
3. 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.
4. Has violated any restriction of the certificate, endorsement, or commercial driver’s license.
5. Has knowingly made a false statement or ( )2 failed to disclose a material fact on an application for a certificate or endorsement.
6. Has been determined by the department to be a negligent or incompetent operator.
7. 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.
8. Excessively or habitually uses, or is addicted to, alcoholic beverages, narcotics, or dangerous drugs.
9. 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:

1. Does not have a valid driver’s license of the appropriate class.
2. Has requested cancellation of the certificate or endorsement.
3. 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.
4. 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:

1. "the prededing"
2. "concealed"
3. "has failed to meet"
4. "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) "

1. "denial"
2. "(e)"
3. "(h) This section shall become operative on 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.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.