California Vehicle Code VC 23216 – Legislative Intent

23216. (a) The provisions of Sections 2, 6, 7, and 10 expressly apply to the provisions of this article, and, further, for any recidivist or enhancement purpose, reference to an offense by section number is a reference to the provisions contained in that section, insofar as they were renumbered by Chapter 940 of the Statutes of 1981 without substantive change, and those provisions shall be construed as restatements and continuations thereof and not as new enactments.

(b) Any reference in the provisions of this code to a separate violation of Section 23152 shall include a separate offense under Section 23102 or 23105, as those sections read prior to January 1, 1982.

(c) Any reference in the provisions of the Vehicle Code to a separate violation of Section 23153 shall include a separate offense under Section 23101 or 23106 as those sections read prior to January 1, 1982.

(d) The provisions of this section are to be given retroactive effect.

Added Ch. 1205, Stats. 1984. Effective January 1, 1985.

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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 23115 – Rubbish Vehicles

23115. (a) No vehicle transporting garbage, swill, used cans or bottles, wastepapers, waste cardboard, ashes, refuse, trash, or rubbish, or any noisome, nauseous, or offensive matter, or anything being transported for disposal or recycling shall be driven or moved upon any highway unless the load is totally covered in a manner that will prevent the load or any part of the load from spilling or falling from the vehicle.

(b) Subdivision (a) does not prohibit a rubbish vehicle from being without cover while in the process of acquiring its load if no law, administrative regulation, or local ordinance requires that it be covered in those circumstances.

(c) Vehicles transporting wastepaper, waste cardboard, or used cans or bottles, are in compliance with subdivision (a) if appropriate binders including, but not limited to, bands, wires, straps, or netting are used to prevent the load, or any part of the load, from spilling or falling from the vehicle.

(d) This section does not apply to any vehicle engaged in transporting wet waste fruit or vegetable matter, or waste products to or from a food processing establishment.

Amended Sec. 1, Ch. 279, Stats. 2001. Effective January 1, 2002.

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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 21208 – Permitted Movements from Bicycle Lanes

21208. (a) Whenever a bicycle lane has been established on a roadway pursuant to Section 21207, any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations:

1. When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if the overtaking and passing cannot be done safely within the lane.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
4. When approaching a place where a right turn is authorized.

(b) No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in Chapter 6 (commencing with Section 22100) in the event that any vehicle may be affected by the movement.

Amended Sec. 5, 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 Drug Cases Attorney

If you’ve been arrested on a California drug charge, you’re certainly not alone – more and more Americans are ensnared in our nation’s failed “War on Drugs” every year. Local, state and federal governments continue to pour billions of dollars into this failed war year after year at the expense of individuals like you.

Fortunately, it’s possible to mount an aggressive defense to a California drug charge with the help of a defense lawyer specifically skilled in drug law. An experienced California drug crime attorney from The Kavinoky Law Firm can thoroughly analyze your case and determine the most effective strategy to challenge the case against you.

Whether your California drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer. An experienced California drug defense lawyer from The Kavinoky Law Firm has the skills and knowledge needed to aggressively fight any felony drug charges.

California defense attorney Darren Kavinoky and the knowledgeable attorneys of The Kavinoky Law Firm are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

A California drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

Some California drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a California drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A California drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. To learn more about strong defenses to felony drug charges, California drug offenders, please contact an experienced California defense attorney from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation. Serving all of Los Angeles County, Orange County, San Luis Obispo and Ventura Counties and Riverside and San Diego Counties.

Drunk Driving as an Element of a California DUI / DWI Case

In the American system of justice, the defendant is supposed to be considered to be innocent until they have been proven guilty in a court of law. This requires that a jury of one’s peers find that the prosecutor has proven all elements of a particular case beyond a reasonable doubt. In DUI / DWI cases, as in all criminal court cases, the burden of proof is on the prosecution. The standard of requiring a prosecutor to prove guilt beyond a reasonable doubt applies in DUI / DWI cases and in all criminal cases in California. Often it is difficult for the state to achieve this very high standard when faced by an able DUI / DWI attorney who has what it takes to make it difficult for the prosecutor to prove each and every element of the charges beyond a reasonable doubt.

The driving element might seem like an area where there is very little to question, but that is not the case. Many times a police officer will find an individual asleep behind the steering wheel on the side of the road. What then? Was the person driving recently and how would we know?

In a California DUI / DWI criminal trial, a prosecutor must prove the element of driving as well as all other elements beyond a reasonable doubt. Reasonable doubt is the highest standard of proof used in all criminal trials in the United States. The prosecutor can use circumstantial evidence such as a hot or warm engine or keys in the ignition to try to prove to a jury that the individual was in fact driving the car. Circumstantial evidence are those factors that do not alone amount to guilt, but if considered together, may establish guilt. However, an experienced DUI / DWI defense attorney will be prepared to cast doubt upon the case of the prosecution by challenging the possible flaws in the evidence. If the jury finds the evidence flawed, under the reasonable doubt standard, they must return a verdict of not guilty.

Remember, in order to obtain a conviction in a drinking and driving case, a prosecutor must prove each element of the offense. A defense attorney with experience in drunk driving cases will know how to attack both direct and circumstantial evidence of the “driving” element of DUI / DWI.

The driving element is good example of the very nuanced differences that exists between the California criminal case and the California DMV hearing and a good example of why it is important to hire an experienced DUI / DWI attorney who won’t miss the differences. While circumstantial evidence is admissible in a California criminal court hearing, it is not admissible at the DMV hearing. Therefore, a police officer must actually have witnessed a person driving the vehicle in order for the evidence to be heard by a judge at the administrative DMV hearing. Circumstantial evidence that the police officer might have witnessed will not be considered but the official in charge of the DMV hearing.

Superior Court Of California, County of Marin

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.

Marin County Superior Court
3501 Civic Center Drive, San Rafael, CA 94903

» Marin 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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California Vehicle Code Division 6 – Driver’s Licenses

Chapter 2: Suspension or Revocation of Licenses
Article 3: Suspension and Revocation by Department of motor vehicles

• VC 13350 – Required Revocation
• VC 13350.5 – Vehicular Manslaughter
• VC 13351 – Additional Required Revocations
• VC 13351.5 – Assault With Deadly Weapon: Motor Vehicles
• VC 13351.8 – Road Rage: Required Suspension
• VC 13351.85 – Towing Service: Required Suspension
• VC 13352 – Suspension or Revocation for DUI or Speed Contest
• VC 13352.2 – DUI Program: Proof of Enrollment and Completion
• VC 13352.3 – Minor: Revocation of Driving Privilege
• VC 13352.4 – 1st Offense: Completion of DUI Program and Restricted Driver’s License
• VC 13352.5 – Restricted Driver’s License: Second Offense
• VC 13352.6 – DUI Conviction: Persons Under 21: Required Suspension
• VC 13353 – Refusal of Chemical Test
• VC 13353.1 – Refusal to Take Preliminary Alcohol Screening Test
• VC 13353.2 – Immediate Suspension
• VC 13353.3 – Order of Suspension
• VC 13353.4 – Prohibitions: Restoration or Restricted Driving Privilege
• VC 13353.45 – Treatment Program: Certificate of Completion
• VC 13353.5 – Restoration of Driving Privilege: Nonresidents
• VC 13353.6 – Commercial Driver’s License: Suspension and Restriction
• VC 13353.7 – Restricted Noncommercial Driver’s License
• VC 13353.8 – Restricted License: Persons Under 21
• VC 13354 – Driver’s License Actions: Consecutive
• VC 13355 – Driving in Excess of 100 Miles Per Hour: Suspension
• VC 13357 – Action Required for Auto Theft
• VC 13359 – Grounds for Suspension or Revocation
• VC 13360 – Violation of License Restrictions
• VC 13361 – Grounds for Suspension
• VC 13362 – Surrender of License Erroneously Issued
• VC 13363 – Conviction in Another State
• VC 13364 – Dishonored Check
• VC 13365 – Suspension for Failure to Appear
• VC 13365.2 – Driving Privilege Suspension: Failure to Appear
• VC 13365.5 – Suspension for Failure to Comply with a Court Order
• VC 13366 – Effective Date of Suspension or Revocation
• VC 13366.5 – Commercial Driving Privilege: Effective Date of Suspension or Revocation
• VC 13367 – Determining Minor’s Suspension
• VC 13368 – Driver Training Requirement
• VC 13369 – Refusal to Issue or Renew, Suspension, or Revocation of Certificate or Endorsement
• VC 13370 – Denial, Suspension, or Revocation of Certificate
• VC 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing
• VC 13372 – Denial, Suspension, or Revocation of Ambulance Driver Certificate
• VC 13373 – Dismissal of Ambulance Driver or Attendant: Grounds
• VC 13374 – Refusal to Issue or Renew, Suspension, or Revocation of Ambulance Driver Certificate
• VC 13375 – Definition of Conviction
• VC 13376 – Denial, Revocation, Add or Suspension of Driver Certificates

California Vehicle Code Division 11 – Rules of the Road

Chapter 1: Obedience to and Effect of Traffic Laws
Article 4: Operation of Bicycles

• VC 21200 – Laws Applicable to Bicycle Use: Peace Officer Exemption
• VC 21200.5 – Riding Bicycle Under Influence of Alcohol or Drugs
• VC 21201 – Equipment Requirements
• VC 21201.3 – Bicycle or Motorized Bicycle Lights
• VC 21201.5 – Reflectorized Equipment
• VC 21202 – Operation on Roadway
• VC 21203 – Hitching Rides
• VC 21204 – Riding on Bicycle
• VC 21205 – Carrying Articles
• VC 21206 – Local Regulation
• VC 21207 – Bicycle Lanes
• VC 21207.5 – Motorized Bicycles: Prohibited Operation
• VC 21208 – Permitted Movements from Bicycle Lanes
• VC 21209 – Motor Vehicles and Motorized Bicycles in Bicycle Lanes
• VC 21210 – Bicycle Parking
• VC 21211 – Obstruction of Bikeways or Bicycle Paths or Trails
• VC 21212 – Youth Bicycle Helmets: Minors

Chapter 12: Public Offenses
Article 1: Driving Offenses

• VC 23100 – Application of Chapter
• VC 23103 – Reckless Driving
• VC 23103.5 – Guilty Plea to Lesser Charge
• VC 23104 – Reckless Driving: Bodily Injury
• VC 23109 – Speed Contests
• VC 23109.2 – Vehicle Impoundment: Speed Contests
• VC 23109.5 – Speed Contests: Prior Convictions
• VC 23110 – Throwing Substances at Vehicles
• VC 23111 – Throwing Substances on Highways or Adjoining Areas
• VC 23112 – Throwing, Depositing, or Dumping Matter on Highway
• VC 23112.5 – Notification of Hazardous Spill
• VC 23113 – Removal of Material From Highway
• VC 23114 – Spilling Loads on Highways
• VC 23115 – Rubbish Vehicles
• VC 23116 – Carrying Persons in the Back of a Motor Truck
• VC 23117 – Carrying Animal in Motor Truck
• VC 23120 – Temple Width of Glasses
• VC 23125 – School bus or Transit Vehicle Drivers: Prohibition Against Use of Wireless Telephone
• VC 23127 – Trails and Paths
• VC 23128 – Snowmobiles
• VC 23129 – Camper Exits
• VC 23135 – Operation of Modified Motorized Bicycle

Chapter 12: Public Offenses
Article 1.3: Driving Offenses

• VC 23136 – PAS Persons Under 21: Preliminary Screening Device

Chapter 12: Public Offenses
Article 1.5: Juvenile Offenses Involving Alcohol

• VC 23140 – Alcohol: Persons Under 21

Chapter 12: Public Offenses
Article 2: Offenses Involving Alcohol or Drugs

• VC 23152 – Driving Under Influence of Alcohol or Drugs
• VC 23153 – Driving Under Influence of Alcohol or Drugs Causing Injury
• VC 23158 – Chemical Test Procedure
• VC 23213 – Rehabilitation Facilities: Vehicles on Premises
• VC 23215 – Enforcement Off the Highway
• VC 23216 – Legislative Intent
• VC 23217 – Legislative Declarations: Mandatory Minimum Penalties for Multiple Offenses
• VC 23220 – Drinking While Driving
• VC 23221 – Drinking in Motor Vehicle
• VC 23222 – Possession of Marijuana or Open Container While Driving
• VC 23223 – Possession of Open Container in Motor Vehicle
• VC 23224 – Possession of Alcohol in Vehicle: Person Under 21
• VC 23225 – Storage of Opened Container
• VC 23226 – Storage of Opened Container in Passenger Compartment
• VC 23229 – Possession of Alcoholic Beverages: Exceptions
• VC 23229.1 – Possession of Alcohol in Limousine: Passengers Under Age 21

Chapter 12: Public Offenses
Article 4: Ignition Interlock Device

• VC 23247 – Ignition Interlock Device Prohibitions
• VC 23249 – Study and Report to the Legislature

Chapter 12: Public Offenses
Article 5: Alcohol and Drug Problem Assessment Program

• VC 23249.50 – Legislative Intent

California Vehicle Code Division 11.5 – Sentencing for Driving While Under the Influence

Chapter 2: Court Penalties
Article 1: General Provisions

• VC 23530 – General Provisions

Chapter 2: Court Penalties
Article 2: Penalties for a Violation of Section 23152

• VC 23536 – Penalty: First Conviction
• VC 23538 – Conditions of Probation: First Conviction
• VC 23540 – Penalty: Second Offense Within Ten Years
• VC 23542 – Conditions of Probation: Second Offense Within Ten Years
• VC 23546 – Penalty: Third Conviction Within Ten Years
• VC 23548 – Conditions of Probation: Third Conviction Within Ten Years
• VC 23550 – Penalty: Fourth or Subsequent Conviction Within Ten Years
• VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction
• VC 23552 – Conditions of Probation

Chapter 2: Court Penalties
Article 3: Penalties for a Violation of Section 23153

• VC 23554 – Penalty: First Conviction
• VC 23556 – Conditions of Probation: First Conviction
• VC 23558 – Multiple Victims: Enhanced Penalty
• VC 23560 – Penalty: Second Conviction Within Ten Years
• VC 23562 – Conditions of Probation: Second Offense Within Ten Years
• VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years
• VC 23568 – Conditions of Probation: Third or Subsequent Conviction Within Ten Years

Chapter 2: Court Penalties
Article 4: Additional Punishments

• VC 23572 – Minor Passenger: Enhanced Penalty

Chapter 2: Court Penalties
Article 5: Additional Penalties and Sanctions

• VC 23575 – Authorized and Mandatory Installation of Ignition Interlock Device
• VC 23576 – Exception for Operation of Vehicle
• VC 23577 – Chemical Testing: Refusal to Take or Failure to Complete: Enhanced Penalties
• VC 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties
• VC 23580 – Repeat Offenders: Mandatory Imprisonment
• VC 23582 – Speeding: Additional Penalty

Chapter 2: Court Penalties
Article 6: Additional Court-imposed Orders and Directions

• VC 23592 – Impounding Vehicles
• VC 23594 – Impoundment of Vehicles
• VC 23596 – Vehicle Declared Nuisance: Sale of Vehicle

Chapter 2: Court Penalties
Article 7: Alternative to Alcohol or Drug Education Program

• VC 23598 – Alternative to Alcohol or Drug Education Program

Chapter 3: Probation

• VC 23600 – Sentencing: Minimum Probation Conditions
• VC 23601 – Probation: Payment of Money
• VC 23602 – Penalty: Violation of Probation

Chapter 4: Court Penalties
Article 1: Alternative to Alcohol or Drug Education Program

• VC 23610 – Blood Alcohol Level: Presumptions Affecting Burden of Proof
• VC 23612 – Implied Consent for Chemical Testing
• VC 23614 – Breath and Chemical Testing: Advisement

Chapter 4: Court Penalties
Article 2: Prior and Separate Offenses

• VC 23620 – Vehicular Manslaughter: Separate Offense
• VC 23622 – Prior Convictions: Sentencing
• VC 23624 – Separate Convictions: Constitutional Challenge
• VC 23626 – Effect of Conviction in Another Jurisdiction

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

California Vehicle Code VC 13353.3 – Order of Suspension

13353.3. (a) An order of suspension of a person’s privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.

(b) The period of suspension of a person’s privilege to operate a motor vehicle under Section 13353.2 is as follows:

1. Except as provided in Section 13353.6, if the person has not been convicted of a separate violation 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, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occurrence occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months.
2. (2) If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, Section 23140, 23152, or 23153, Section 191.5 of the Penal Code, or paragraph (3) of subdivision (c) of Section 192 of that code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occasion occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year.
3. (3) Notwithstanding any other provision of law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.

(c) If a person’s privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.

(d) 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 the Dominion of 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 Code or Penal Code.

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

Added Sec. 8.5, 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.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13365 – Suspension for Failure to Appear

13365. (a) Upon receipt of notification of a violation of subdivision (a) or (b) of Section 40508 the department shall take the following action:

1. If the notice is given pursuant to subdivision (a) or (b) of Section 40509, if the driving record of the person who is the subject of the notice contains one or more prior notifications of a violation issued pursuant to Section 40509 or 40509.5, and if the person’s driving privilege is not currently suspended under this section, the department shall suspend the driving privilege of the person.
2. If the notice is given pursuant to subdivision (a) or (b) of Section 40509.5, and if the driving privilege of the person who is the subject of the notice is not currently suspended under this section, the department shall suspend the driving privilege of the person.

(b) A suspension under this section shall not be effective before a date 60 days after the date of receipt, by the department, of the notice given specified in subdivision (a), and the notice of suspension shall not be mailed by the department before a date 30 days after receipt of the notice given specified in subdivision (a).

The suspension shall continue until the suspended person’s driving record does not contain any notification of a violation of subdivision (a) or (b) of Section 40508.

Amended Sec. 57, Ch. 877, Stats. 1998. Effective January 1, 1999.

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

California Vehicle Code VC 21200.5 – Riding Bicycle Under Influence of Alcohol or Drugs

21200.5. Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.

Amended Ch. 1697, Stats. 1990. Effective January 1, 1991.
Amended Sec. 3, Ch. 740, Stats. 1998. Effective January 1, 1999.
Amended Sec. 17, Ch. 22, Stats. 1999. Effective May 26, 1999.

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