California Criminal Defense – Exhibition of Speed

A plea bargain is a compromise that is reached between the prosecutor and a defendant and his or her attorney. The compromise is generally based on the strength of the prosecutor’s case. If the prosecutor has a weak case they will generally offer a driver the chance to plead to a reduced charge. When a prosecutor has a particularly strong case, they are likely to be less generous in their plea bargain negotiations. It takes the skills of an experienced California DUI / DWI attorney to successfully get a prosecutor to reduce charges or compromise on the punishments for DUI / DWI charges.

When one is arrested for driving under the influence of alcohol or driving while intoxicated in California, they will typically be charged with misdemeanor drunk driving. When a prosecutor’s case is particularly weak, the charge will be significantly reduced. A DUI / DWI lawyer will work with the prosecutor to reach a compromise. One of the best possible compromises available in driving under the influence cases is a charge of exhibition of speed.

Exhibition of speed is a non-alcohol related offense and it therefore carries a very light punishment compared to a DUI / DWI or wet-reckless charge. It is a minor misdemeanor that will commonly be offered when the driver’s BAC was .08 percent or lower. Pleading guilty to exhibition of speed will mean the driver must pay a fine and that’s it. There will be no probation. So long as the driver is successful at the DMV hearing, there will be no license suspensions or SR-22 filing requirements. A charge of exhibition of speed will not be counted as a prior drunk driving offense if the driver gets charged with driving under the influence for a second time within 10 years.

A California criminal defense attorney is highly likely to advise their client to plead to a charge of exhibition of speed if the prosecutor makes the offer. In fact, a DUI / DWI defense lawyer will attempt to negotiate such a deal if they see weakness in the prosecutor’s case. For a free evaluation, contact The Kavinoky Law Firm.

Post-conviction Relief

As the world gets smaller and technology makes our private life more public, a past criminal conviction can become a future obstacle. While past convictions cannot be completely erased, the law provides important ways to limit the impact that a prior arrest and/or conviction may have on an individual’s future. It is possible that a prior conviction can be relieved – and sometimes destroyed altogether. This area of law is commonly referred to as post-conviction relief, or post-judgment relief.

Ultimately post-conviction relief is a way to clear a criminal record by dismissing the case, limiting public access to the records regarding the arrest and conviction, or alleviating certain consequences associated with the conviction. A good criminal defense attorney can quickly assess the best option in each individual case.

Post-conviction relief is of critical importance to anyone who has been convicted of a criminal offense and is interested in cleaning up his or her criminal record. A criminal record is like a credit report and can often be accessed by others. Anyone with a criminal offense in their past knows that the punishments resulting from the conviction go beyond fines, probation and jail time. A prior conviction can have a negative impact on employment opportunities, educational goals, and self-confidence.

There are several common forms of post-conviction, or post-judgment, relief available including: expungement, sealing and destruction of records, reduction of felony to misdemeanor, and certificates of rehabilitation and/or pardon.

Expungement is the most common option for people who have prior misdemeanor and certain felony convictions on their criminal record. Expungement is essentially a dismissal of the conviction after the probationary period ends and is a requirement for many employers and professional licensing boards.

In certain circumstances arrest records and even prior conviction records can be sealed and ultimately destroyed. If records are sealed then the arrest is deemed to have never occurred and public access is limited. Requests for sealing are not granted in all cases, but are commonly granted in cases where an arrest did not result in conviction or in juvenile court cases.

Some felonies can be reduced to misdemeanors, even after a conviction. This is typically done in connection with expungement. Reducing a felony to a misdemeanor helps clean up a criminal record. More serious felonies may require a gubernatorial pardon. Requests for pardons can be made directly to the governor or following an approved Certificate of Rehabilitation. Certificates of Rehabilitation are approved by a judge. The approved certificate is then sent to the governor as an application for pardon. If granted, a pardon will restore most disabilities associated with a prior conviction, including restoration of gun possession rights and relief from sex offender registration.

Most forms of post-conviction relief, including expungement, sealing and destroying records or vacating convictions, require a judge’s approval. Other types of relief are less complicated and may even occur automatically – for example, destruction of minor misdemeanor marijuana records. A direct pardon however, requires an application to the governor.

Almost everyone with a criminal conviction can benefit from post-conviction relief. A caring attorney at The Kavinoky Law Firm can help to determine which form of post-conviction relief is best. Contact a skilled defense lawyer today for a free consultation.

Online Traffic Schools

Drivers who receive moving violations often opt to attend a California traffic school in order to clear the offense from their records and keep insurance rates low. In the past, traffic school meant sacrificing a Saturday or a couple of weeknights in a crowded, stuffy conference room. However, it’s now possible to attend a California online traffic school in the comfort of home. EconomyTrafficSchool.com offers an affordable, court-approved traffic school program that can be completed at the driver’s convenience.

EconomyTrafficSchool.com is approved by the courts in Los Angeles, Ventura, San Diego, and dozens of other California counties. They process their completion certificates daily, so there’s no waiting to satisfy court requirements. The courses are affordable, and there are no hidden fees. Students can access the website at any time, which means that the course can be completed around work, school, and other obligations.

Traffic school courses from EconomyTrafficSchool.com are divided up into units that include reading, graphics, video segments, and review questions. Students can complete the course in one sitting or return as many times as necessary. At the end of the course, students must pass a multiple-choice test, with unlimited re-tests available. Once the test is passed, the driver will receive an instant completion confirmation and the certificate will be filed via mail, fax, or e-mail, depending on the court requirements. For those with an impending deadline, EconomyTrafficSchool.com offers affordable overnight delivery rates.

EconomyTrafficSchool.com also offers online driver’s education classes for teenagers. School budget cuts have long meant that driver’s DE classes are no longer available in high schools, but an affordable online version is now available.

Attendance at a California traffic school used to mean sacrificing evenings or a Saturday to listen to boring lectures, but not anymore. EconomyTrafficSchool.com offers a convenient, affordable online California traffic school course that can be completed in the privacy of the driver’s home or office, or anywhere with Internet access. Registering is easy – start today to protect your driving record and keep insurance rates low.

California Vehicle Code VC 13352.4 – First Offense: Completion of DUI Program and Restricted Driver’s License

13352.4. (a) Except as provided in subdivision (h), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352, if the person meets all of the following requirements:

1. Submits proof satisfactory to the department of enrollment in, or 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 23538.
2. Submits proof of financial responsibility, as defined in Section 16430.
3. Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.

(c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.

(d) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.

(e) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.

(f) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later.

(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 paragraph (1) of subdivision (a) of Section 13352 is not eligible for the restricted driver’s license authorized under this section.

(h) If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.

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

Added Sec. 5, Ch. 551, 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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California Vehicle Code VC 13359 – Grounds for Suspension or Revocation

13359. The department may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license.

Amended Ch. 498, Stats. 1976. Effective January 1, 1977.

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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 13372 – Denial, Suspension, or Revocation of Ambulance Driver Certificate

13372. (a) The department shall ( )1 refuse to issue or renew, or shall suspend or revoke an ambulance driver certificate if any of the following apply to the applicant or certificate holder:

1. Is required to register as a sex offender under Section 290 of the Penal Code for any offense involving force, violence, threat, or intimidation.
2. Habitually or excessively uses or is addicted to narcotics or dangerous drugs.
3. Is on parole or probation for any felony, theft, or any crime involving force, violence, threat, or intimidation.

(b) The department may ( )1 refuse to issue or renew, or may suspend or revoke an ambulance driver certificate if any of the following apply to the applicant or certificate holder:

1. Has been convicted ( )2 within seven years of any offense punishable as a felony or has been convicted during that period of any theft.
2. Has committed any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, within ( )3 seven years.
3. Habitually and excessively uses intoxicating beverages.
4. Has been convicted within ( )3 seven years of any offense ( )4 relating to the use, sale, possession, or transportation of narcotics or addictive or dangerous drugs, or of any misdemeanor involving force, violence, threat, or intimidation.
5. Is on probation to the department for a cause involving the unsafe operation of a motor vehicle.
6. Within ( )5 three years ( )6 has had his or her driver’s license suspended or revoked by the department for a cause involving the unsafe operation of a motor vehicle, or, within the same period, has been convicted of any of the following:
   1. Failing to stop and render aid in an accident involving injury or death.
   2. ( )7 Driving-under-the-influence of intoxicating liquor, any drug, or under the combined influence of intoxicating liquor and any drug.
   3. Reckless driving, or reckless driving involving bodily injury.
7. Has knowingly ( )8 made a false statement or failed to disclose a material fact in his ( )9 or her application. ( )10.
8. Has been involved as a driver in any motor vehicle accident causing death or bodily injury or in three or more motor vehicle accidents ( )11 within one year.
9. Does not meet minimum medical standards specified in this code or in regulations adopted pursuant to this code.
10. Has demonstrated irrational behavior or incurred a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected of an ambulance driver may be impaired.
11. Has violated any provision of this code or any rule or regulation adopted by the Commissioner of the California Highway Patrol relating to the operation of emergency ambulances ( )11 within one year.
12. Has committed any act that warrants dismissal, as provided in Section 13373.

(c) ( )12 (1) Reapplication following refusal or revocation under subdivision (a) or (b) may be made after a period of not less than one year after the effective date of the refusal or revocation, except in cases where a longer period of refusal, suspension, or revocation is required by law.

(2) Reapplication following refusal or revocation under subdivision (a) or (b) may be made if a felony or misdemeanor conviction supporting the refusal or revocation is reversed or dismissed. A termination of probation and dismissal of charges under Section 1203.4 of the Penal Code or a dismissal of charges under Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.

Amended Sec. 4, 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. "deny"
2. "during the preceding"
3. "the preceding"
4. "relative"
5. "the"
6. "immediately preceding the application"
7. "Driving under the influence"
8. "falsified"
9. "and"
10. "Applicants refused certification under this provision shall not be issued an ambulance driver certificate within 12 months of that refusal."
11. "during the preceding one-year period"
12. "The department may revoke or suspend the ambulance driver certificate of any person who gives any cause, before or after issuance of the certificate, for either mandatory or discretionary refusal of certification."

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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 23580 – Repeat Offenders: Mandatory Imprisonment

23580. (a) If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service.

(b) Notwithstanding any other provision of law, except Section 2900.5 of the Penal Code, unless the court expressly finds in the circumstances that the punishment inflicted would be cruel or unusual punishment prohibited by Section 17 of Article I of the California Constitution, no court or person to whom a person is remanded for execution of sentence shall release, or permit the release of, a person from the requirements of subdivision (a), including, but not limited to, any work-release program, weekend service of sentence program, diversion or treatment program, or otherwise.

(c) For the purposes of this section, "imprisonment" means confinement in a jail, in a minimum security facility, or in an inpatient rehabilitation facility, as provided in Part 1309 (commencing with Section 1309.1) of Title 23 of the Code of Federal Regulations.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 223, Ch. 664, Stats. 2002. Effective January 1, 2003.

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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.

Children in the Car

In California, arrests for driving under the influence of alcohol or drugs trigger two separate cases. A driver faces a California DMV case and a California criminal case. Each case should be seen to immediately in order to avoid unnecessary negative consequences. A qualified DUI / DWI lawyer can handle both aspects of the DUI / DWI case. In California DMV cases a person arrested on suspicion of drunk driving has ten days within the date of arrest to request a Department of Motor Vehicles hearing or the DMV will automatically begin a process of suspending the person’s license to drive.

While the D.M.V. deals with the driver’s license, the criminal court deals with punishing the convicted. In the criminal case people will face enhanced sentences for having children in the car while driving under the influence. The driver does not have to enter a guilty plea. An accomplished and experienced DUI / DWI attorney can fight the case and win. Oftentimes it is expensive to fight a DUI / DWI case, but it is possible to win a case with the help of a criminal defense attorney.

In driving under the influence cases, the prosecutor has a choice to file additional sentence enhancing charges. The common charges are for speeding, having children in the car, or for causing an injury or traffic accident. When one is convicted of a sentence enhancing charge the punishment ordered by the court can be harsh. A California DUI / DWI attorney with vast experience can work to limit the affect of any sentence enhancements.

When one is convicted of driving under the influence of alcohol or drugs with children in the car, the additional punishment will be 48 hours in jail for a first-time offender, 10 days for a second-time offender, 30 days for a third-time offender, and 90 days for the four-time offender. This sentence is mandatory. Unless a an experienced drunk driving criminal defense lawyer can exonerate the driver of the charges, he or she will go to jail. The courts take crimes involving the endangerment of children very seriously. Many times children do not have a choice of drivers. It is uniquely unfair to force a child to be a potential victim of a drunk driving incident.

For purposes of this law, a child is considered to be someone under 14 years old. The courts take this offense seriously and are willing to impose harsh penalties on those who are guilty of child endangerment. Many times a DUI / DWI lawyer will recommend that the driver accept a plea bargain that does not include the sentence enhancing charges.

The sentencing enhancement for a person convicted of driving under the influence of alcohol with children in the car is not taken lightly by judges and prosecutors. Punishments for such crimes mirror the seriousness with which these cases are prosecuted. An experienced California criminal defense attorney experienced in D.U.I. cases can help to eliminate such charges or to negotiate a compromised plea with the prosecutor.

California Vehicle Code VC 23550 – Penalty: Fourth or Subsequent Conviction Within Ten Years

23550. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 34.2, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.
Amended Sec. 25, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 15, Ch. 500, Stats. 2004. Effective January 1, 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.

California Vehicle Code VC 23223 – Possession of Open Container in Motor Vehicle

23223. (a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(b) No passenger shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.

Amended Sec. 3, Ch. 384, Stats. 1998. Effective August 24, 1998.
Amended Sec. 3, Ch. 723, Stats. 1999. Effective January 1, 2000.

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