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California Vehicle Code VC 23540 – Penalty: Second Offense Within Ten Years

Posted by on May 4, 2012

23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) 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) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.

Added Sec. 17.5, 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 23217 – Legislative Declarations: Mandatory Minimum Penalties for Multiple Offenses

Posted by on May 4, 2012

California Vehicle Code VC 23217 – Legislative Declarations: Mandatory Minimum Penalties for Multiple Offenses

23217. The Legislature finds and declares that some repeat offenders of the prohibition against driving under the influence of alcohol or drugs, when they are addicted or when they have too much alcohol in their systems, may be escaping the intent of the Legislature to punish the offender with progressively greater severity if the offense is repeated one or more times within a 10-year period. This situation may occur when a conviction for a subsequent offense occurs before a conviction is obtained on an earlier offense.

The Legislature further finds and declares that the timing of court proceedings should not permit a person to avoid aggravated mandatory minimum penalties for multiple separate offenses occurring within a 10-year period. It is the intent of the Legislature to provide that a person be subject to enhanced mandatory minimum penalties for multiple offenses within a period of 10 years, regardless of whether the convictions are obtained in the same sequence as the offenses had been committed.

Nothing in this section requires consideration of judgment of conviction in a separate proceeding that is entered after the judgment in the present proceeding, except as it relates to violation of probation.

Nothing in this section or the amendments to Section 23540, 23546, 23550, 23560, 23566, 23622, or 23640 made by Chapter 1205 of the Statutes of 1984 affects the penalty for a violation of Section 23152 or 23153 occurring prior to January 1, 1985.

Amended Sec. 72.5, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 11, Ch. 550, Stats. 2004. Effective January 1, 2005.

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California Vehicle Code VC 23116 – Carrying Persons in the Back of a Motor Truck

Posted by on May 4, 2012

California Vehicle Code VC 23116 – Carrying Persons in the Back of a Motor Truck

23116. (a) No person driving a pickup truck or a flatbed motortruck on a highway shall transport any person in or on the back of the truck.

(b) No person shall ride in or on the back of a truck or flatbed motortruck being driven on a highway.

(c) Subdivisions (a) and (b) do not apply if the person in the back of the truck is secured with a restraint system. The restraint system shall meet or exceed the federal motor vehicle safety standards published in Sections 571.207, 571.209, and 571.210 of Title 49 of the Code of Federal Regulations.

(d) Subdivisions (a), (b), and (c) do not apply to any person transporting one or more persons in the back of a truck or flatbed motortruck owned by a farmer or rancher, if that vehicle is used exclusively within the boundaries of lands owned or managed by that farmer or rancher, including the incidental use of that vehicle on not more than one mile of highway between one part of the farm or ranch to another part of that farm or ranch.

(e) Subdivisions (a), (b), and (c) do not apply if the person in the back of the truck or the flatbed is being transported in an emergency response situation by a public agency or pursuant to the direction or authority of a public agency.

As used in this subdivision, "emergency response situation" means instances in which necessary measures are needed in order to prevent injury or death to persons or to prevent, confine, or mitigate damage or destruction to property.

(f) Subdivisions (a) and (b) do not apply if the person in the back of the truck or flatbed motortruck is being transported in a parade that is supervised by a law enforcement agency and the speed of the truck while in the parade does not exceed eight miles per hour.

Amended Ch. 895, Stats. 1993. Effective January 1, 1994.
Amended Sec. 35, Ch. 766, Stats. 1995. Effective January 1, 1996.
Amended Sec. 2, Ch. 308, Stats. 2000. Effective January 1, 2001.

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California Vehicle Code VC 21209 – Motor Vehicles and Motorized Bicycles in Bicycle Lanes

Posted by on May 4, 2012

California Vehicle Code VC 21209 – Motor Vehicles and Motorized Bicycles in Bicycle Lanes

21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:

To park where parking is permitted.
To enter or leave the roadway.
To prepare for a turn within a distance of 200 feet from the intersection.

(b) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.

Amended Ch. 262, Stats. 1988. Effective January 1, 1989.

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California DUI Field Sobriety Tests

Posted by on May 4, 2012

California DUI Field Sobriety Tests

These are not really tests at all; rather, they are physical agility exercises that are subjective in nature, and designed for the accused to fail.

Most people don’t realize that these tests are optional… and the officers who give them sure won’t tell you, but they are. You are perfectly free to politely refuse to take the Field Sobriety Tests in their entirety.

These “tests” may include the following:

Nystagmus: The officer will position an object (such as a pen) 12 inches away from the driver’s face, and move the object from side to side while watching the subject’s eyes. The officer is looking for involuntary jerking or trembling of the eyeball. This jerking or trembling may be a sign that the subject has consumed an intoxicant.

Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begin early, stop during the test, leave space between heel and toe, step off the line, or lose balance while turning.

Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test.

Finger to Nose: This test requires the suspect to place his or her feet together while standing straight with eyes closed, and bring the index finger to the nose as ordered by the officer. The officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication.

The Rhomberg Balance Test: The accused assumes a position of attention, closes their eyes, tilts their head back, and estimates 30 seconds. The officer is looking for the inability to stand still or steady, body or eyelid tremors, opening eyes to maintain balance, swaying (either front to back or side to side), muscle tension, or statements made by the accused. The officer is also testing the suspect’s internal clock, which will usually be slow in the case of alcohol or depressants, or fast in the case of stimulants.

Other Field Sobriety Tests include finger tapping, hand clapping, counting backwards, or reciting the alphabet.

These are supposedly tests that are designed to check “divided attention”, a critical skill in operating a motor vehicle. However, there are many people who, for many innocent reasons, cannot perform these tests to the officer’s satisfaction, and pay the price with a DUI arrest.

Preliminary Alcohol Screening Test (PAS Test): One of the most dangerous Field Sobriety Tests is the Preliminary Alcohol Screening test, also called the PAS test. This is a portable breath test to determine the presence of alcohol. The officer is supposed to advise the suspect that the test is voluntary. These PAS tests do not comply with Title 17 of the California Code of Regulations and the results should therefore not be allowed into court.

The most important thing to know about the Field Sobriety Tests is that a skilled California DUI defense lawyer will know how to handle them in court.

Superior Court Of California, County of Mono

Posted by Brianna Wilkins on May 4, 2012

Superior Court Of California, County of Mono

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Mono County Superior Court
North County Branch – Mono County Courthouse
State Highway 395 North, Bridgeport, CA 93517

South County Branch
Sierra Center, 3rd Floor, 452 Old Mammoth Road, Mammoth Lakes, CA 93546

» Mono County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

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Superior Court Of California, County of Los Angeles

Posted by Brianna Wilkins on May 4, 2012

Superior Court Of California, County of Los Angeles

Los Angeles County Superior Court
Airport Courthouse
11701 S. La Cienega, Los Angeles, CA 90045

Alfred J. McCourtney Juvenile Justice Center
1040 W. Avenue J, Lancaster, CA 93534

Alhambra Courthouse
150 West Commonwealth, Alhambra, CA 91801

Bellflower Courthouse
10025 East Flower Street, Bellflower, CA 90706

Beverly Hills Courthouse
9355 Burton Way, Beverly Hills, CA 90210

Burbank Courthouse
300 East Olive, Burbank, CA 91503

Catalina Courthouse
215 Summer Avenue, Avalon, CA 90407

Central Arraignment Court
600 South Commonwealth Ave., Los Angeles, CA 90005

Chatsworth Courthouse
9425 Penfield Avenue, Chatsworth, CA 91311

Clara Shortridge Foltz Criminal Justice Center
210 West Temple Street, Los Angeles, CA 90012

Compton Courthouse
200 West Compton Blvd., Compton, CA 90220

Culver City Courthouse
4130 Overland Avenue, Culver City, CA 90230

David V. Kenyon Juvenile Justice Center (Delinquency)
7625 South Central Avenue, Los Angeles, CA 90001

Downey Courthouse
7500 East Imperial Highway, Downey, CA 90242

East Los Angeles Courthouse
214 South Fetterly Avenue, Los Angeles, CA 90022

Eastlake Juvenile Court Delinquency
1601 Eastlake Avenue, Los Angeles, CA 90033

Edmund D. Edelman Children’s Court (Dependency)
201 Centre Plaza Drive, Monterey Park, CA 91754

El Monte Courthouse
11234 East Valley Blvd., El Monte, CA 91731

Glendale Courthouse
600 East Broadway, Glendale, CA 91206

Hollywood Courthouse
5925 Hollywood Blvd., Los Angeles, CA 90028

Huntington Park Courthouse
6548 Miles Ave., Huntington Park, CA 90255

Inglewood Courthouse
One Regent Street, Inglewood, CA 90301

Inglewood Juvenile Courthouse (Delinquency)
110 Regent Street, Inglewood, CA 90301

Long Beach Courthouse
415 West Ocean Blvd., Long Beach, CA 90802

Los Padrinos Juvenile Courthouse (Delinquency)
7281 East Quill Drive, Downey, CA 90242

Malibu Courthouse
23525 Civic Center Way, Malibu, CA 90265

Mental Health Courthouse
1150 North San Fernando Rd, Los Angeles, CA 90065

Metropolitan Courthouse
1945 South Hill Street, Los Angeles, CA 90007

Michael Antonovich Antelope Valley Courthouse
42011 4th Street West, Lancaster, CA 93534

Norwalk Courthouse
12720 Norwalk Blvd., Norwalk, CA 90650

Pasadena Courthouse
300 East Walnut Ave., Pasadena, CA 91101

Pomona Courthouse North
350 West Mission Blvd., Pomona, CA 91766

Pomona Courthouse South
400 Civic Center Plaza, Pomona, CA 91766

Redondo Beach Courthouse
117 West Torrance Blvd., Redondo Beach, CA 90277

San Fernando Courthouse
900 Third Street, San Fernando, CA 91340

San Pedro Courthouse
505 South Centre Street, San Pedro, CA 90731

San Pedro Courthouse Annex
638 South Beacon Street, San Pedro, CA 90731

Santa Clarita Courthouse
23747 West Valencia Blvd., Santa Clarita, CA 91355

Santa Monica Courthouse
1725 Main Street, Santa Monica, CA 90401

Stanley Mosk Courthouse
110 North Grand Ave., Los Angeles, CA 90012

Stanley Mosk Courthouse
111 North Hill Street, Los Angeles, CA 90012

Sylmar Juvenile Courthouse (Delinquency)
16350 Filbert Street, Sylmar, CA 91342

Torrance Courthouse
825 Maple Ave., Torrance, CA 90503

Van Nuys Courthouse East
6230 Sylmar Ave., Van Nuys, CA 91401

Van Nuys Courthouse West
14400 Erwin Street Mall, Van Nuys, CA 91401

West Covina Courthouse
1427 West Covina Parkway, West Covina, CA 91790

West Los Angeles Courthouse
1633 Purdue Ave., Los Angeles, CA 90025

Whittier Courthouse
7339 South Painter Ave., Whittier, CA 90602

» Los Angeles County Superior Court of California website.

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Operating Motorcycles, Boats, Planes and Bicycles While Under the Influence of Alcohol or Drugs

Posted by on May 4, 2012

Boating, flying and bicycling under the influence are separate offenses under California law. Each offense carries significant consequences, but can be successfully challenged by a California defense attorney who is well-versed in defending DUI / DWI charges involving motorcycles, vessels, aircraft and bicycles. Challenging DUI cases involving motorcycles, vessels, aircraft and bicycles can be done in much the same way as cases for driving cars under the influence of alcohol or while intoxicated can be challenged.

The California Vehicle Code defines a vehicle as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” This definition encompasses automobiles, trucks, motorcycles, mopeds, scooters, and bulldozers.

Motorcycling under the influence, for most purposes, is the same thing as a DUI / DWI case for drunk driving in a car. The case will be prosecuted pursuant to the same statutes. There will be a criminal case, and an administrative hearing at the DMV. A California defense attorney for DUI / DWI’s can handle both situations. If the motorcyclist fails to request a DMV hearing within 10 days (including weekends and holidays), the Department of Motor Vehicles will begin the process of suspending the license.

The standard of proof at the DMV hearing is the preponderance of the evidence. To find the defendant guilty, a judge must find that the arrest was lawful and that the motorcyclist had a BAC of .08 percent or higher.

Court punishments for the motorcyclist convicted of driving under the influence are the same as the punishments for those who are convicted of driving cars under the influence of alcohol. Those punishments include jail time, fines, alcohol education classes, the ignition interlock device, and probation.

Boating under the influence, or BUI / BWI, is governed by California’s Harbors and Navigation Code. Under the code, a person is considered too impaired to operate a recreational vessel with a BAC of .08 percent or greater. The standard is .04 percent for operating a commercial vessel. Individuals using aquaplanes and water skis and similar crafts are not allowed to have ingested any alcohol at all. A zero-tolerance policy is in effect for all such crafts.

A person convicted for boating under the influence can face penalties including jail time and fines. A California defense lawyer can effectively limit the consequences of a BUI / BWI conviction.

Flying an aircraft under the influence of alcohol or drugs (FUI / FWI) is a serious crime. This applies to both commercial and private airplanes. Flying under the influence of alcohol or drugs can be charged as a federal and/or state crime. Pilots who fly under the influence can be charged under federal and/or state law.

Crew members of civil aircraft are governed by the Federal Aviation Administration (FAA). The FAA rules stipulate that no-one may serve as a crew member if he or she has consumed alcohol within eight hours of a flight. Furthermore, anyone with a BAC of .04% or greater, or is under the influence of drugs or alcohol may not serve as a crew member. These over-inclusive rules indicate the seriousness with which the FAA looks upon flying under the influence. A person found violating these strict rules faces imprisonment, fines, and revocation of his or her pilot’s license.

Pilots of civil aircraft are subject to the implied Consent Law. This means that any pilot who has been arrested on suspicion of flying under the influence of alcohol or drugs must submit to a chemical test or face large fines and license suspension or revocation.

Pilots also face possible licensing issues for DUI / DWI convictions. All convictions for drunk driving must be reported on a pilot’s first-class medical application as well as to the Civil Action Security Division that is located in Oklahoma City. The relevant agencies will look harshly upon such DUI / DWI convictions.

A conviction for cycling under the influence (CUI) can result in a fine of $250. There is no jail time or license suspension. Technically, a bicycle is not a vehicle, and the dangers of cycling drunk are considerably less than driving a vehicle while intoxicated. Therefore, the Vehicle Code does not cover cycling under the influence of alcohol or drugs. However, the Vehicle Code does state that it is unlawful to ride a bicycle on the highway while under the influence. One common challenge to a CUI is that the bicycle-rider was on a private road or driveway instead of a “highway.”

Charges of riding a motorcycle, boating, flying or riding a bicycle under the influence of alcohol or drugs can carry harsh consequences. However, a skilled California defense attorney with experience defending BUI, motorcycling under the influence, FUI / FWI, and CUI cases can successfully challenge these offenses in court and can achieve results that limit the penalties and consequences associated with the charges.

California Vehicle Code VC 13353.1 – Refusal to Take Preliminary Alcohol Screening Test

Posted by on May 4, 2012

California Vehicle Code VC 13353.1 – Refusal to Take Preliminary Alcohol Screening Test

13353.1. (a) If a person refuses an officer’s request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to Section 13388, upon the receipt of the officer’s sworn statement, submitted pursuant to Section 13380, that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136, and that the person had refused to submit to, or did not complete, the test after being requested by the officer, the department shall do one of the following:

Suspend the person’s privilege to operate a motor vehicle for a period of one year.
Revoke the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either of the following:
1. A separate violation of subdivision (a) of Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, of Section 191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of Section 192 of that code.
2. A suspension or revocation of the person’s privilege to operate a motor vehicle if that action was taken pursuant to this section or Section 13353 or 13353.2 for an offense that occurred on a separate occasion.
Revoke the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurred within 10 years of any of the following:
1. Two or more separate violations of subdivision (a) of Section 23136, that resulted in findings of violations, or two or more separate violations, that resulted in convictions, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, of Section 191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of Section 192 of that code, or any combination thereof.
2. Two or more suspensions or revocations of the person’s privilege to operate a motor vehicle if those actions were taken pursuant to this section, or Section 13353 or 13353.2, for offenses that occurred on separate occasions.
3. Any combination of two or more of the convictions or administrative suspensions or revocations described in subparagraph (A) or (B).

(b) For the purposes of this section, a conviction of any 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 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, is a conviction of that particular section of the Vehicle or Penal Code.

(c) The notice of the order of suspension or revocation under this section shall be served on the person by the peace officer pursuant to Section 13388 and shall not become effective until 30 days after the person is served with that notice. The notice of the order of suspension or revocation shall be on a form provided by the department. If the notice of the order of suspension or revocation has not been served by the peace officer pursuant to Section 13388, the department immediately shall notify the person in writing of the action taken. The peace officer who serves the notice, or the department, if applicable, also shall provide, if the officer or department, as the case may be, determines that it is necessary to do so, the person with the appropriate non-English notice developed pursuant to subdivision (d) of Section 14100.

(d) Upon the receipt of the officer’s sworn statement, the department shall review the record. For the purposes of this section, the scope of the administrative review shall cover all of the following issues:

Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section23136.
Whether the person was lawfully detained.
Whether the person refused to submit to, or did not complete, the test after being requested to do so by a peace officer.

(e) The person may request an administrative hearing pursuant to Section 13558. Except as provided in subdivision (e) of Section 13558, the request for an administrative hearing does not stay the order of suspension or revocation.

Amended Sec. 3.10, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 19, Ch. 473, Stats. 2001. Effective January 1, 2002.
Amended Sec. 7, Ch. 550, Stats. 2004. Effective January 1, 2005.

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California Vehicle Code VC 13363 – Conviction in Another State

Posted by on May 4, 2012

California Vehicle Code VC 13363 – Conviction in Another State

13363. (a) The department may, in its discretion, except as provided in Chapter 6 (commencing with Section 15000) of Division 6, of this code, suspend or revoke the privilege of any resident or nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of the person in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the privilege to operate a motor vehicle.

(b) Whenever any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada reports the conviction of a violation in such place by a person licensed in this State, the department shall not give effect to such report pursuant to subdivision (a) of this section or Section 15023 unless the department is satisfied that the law of such other place pertaining to the conviction is substantially the same as the law of this State pertaining to such conviction and that the description of the violation from which the conviction arose, is sufficient and that the interpretation and enforcement of such law are substantially the same in such other place as they are in this State.

Amended Ch. 237, Stats. 1963. Effective September 20, 1963.

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