Category: Weapons Offenses

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California Vehicle Code VC 13368 – Driver Training Requirement

Posted by on May 4, 2012

13368. The department, as a condition to the reinstatement of a suspended license or the issuance of a new license to an individual whose prior license has been revoked, may require the individual to attend the program authorized by the provisions of Section 1659.

Added Ch. 447, Stats. 1965. Effective September 17, 1965.

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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 23575 – Authorized and Mandatory Installation of Ignition Interlock Device

Posted by on May 4, 2012

California Vehicle Code VC 23575 – Authorized and Mandatory Installation of Ignition Interlock Device

23575. (a) (1) In addition to any other provisions of law, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense ( )1 violator with 0.20 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or ( )2 to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.

(2) The court shall require a person convicted of a violation of Section 14601.2 to install an ignition interlock device on any vehicle that the person owns or operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.

(b) The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816, the requirement and term for the use of a certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.

(c) The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.

(d) A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.

(e) The court shall monitor the installation and maintenance of any ignition interlock device restriction ordered pursuant to subdivision (a) or (l). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.

(f) (1) Pursuant to Section 13352, if a person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction, the person may apply to the Department of Motor Vehicles for a restricted driver’s license pursuant to Section 13352 that prohibits the person from operating a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device, certified pursuant to Section 13386. The restriction shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements in Section 13352 are met.

(2) Pursuant to subdivision (g), the Department of Motor Vehicles shall immediately terminate the restriction issued pursuant to Section 13352 and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to Section 13352. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.

(g) A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to Section 13352 shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the Department of Motor Vehicles if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. There is no obligation on the part of the installer to notify the department or the court if the person has complied with all of the requirements of this section.

(h) Nothing in this section permits a person to drive without a valid driver’s license.

(i) The Department of Motor Vehicles shall include information along with the order of suspension or revocation for repeat offenders informing them that after a specified period of suspension or revocation has been completed, the person may either install an ignition interlock device on any vehicle that the person owns or operates or remain with a suspended or revoked driver’s license.

(j) Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.

(k) If a person has a medical problem that does not permit the person to breathe with sufficient strength to activate the device, then that person shall only have the suspension option.

(l) This section does not restrict a court from requiring installation of an ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a ( )3 person to whom subdivision (a) or (b) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.

(m) For the purposes of this section, "vehicle" does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.

(n) For the purposes of this section, "owned" means solely owned or owned in conjunction with another person or legal entity. For purposes of this section, "operates" includes operating vehicles that are not owned by the person subject to this section.

(o) For the purposes of this section, bypass includes, but is not limited to, either of the following:

Any combination of failing or not taking the ignition interlock device rolling retest three consecutive times.
Any incidence of failing or not taking the ignition interlock device rolling retest, when not followed by an incidence of passing the ignition interlock rolling retest prior to turning off the ( )4 vehicle’s engine.

Amended Sec. 21, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23246 Sec. 27, Ch. 22, Stats. 1999. Effective May 25, 1999.
Amended Sec. 11, Ch. 1064, Stats. 2000. Effective September 30, 2000.
Amended Sec. 23, Ch. 473, Stats. 2001. Effective January 1, 2002.
Amended Sec. 18, Ch. 550, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
Amended Sec. 202, Ch. 22, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

"violators"
"of"
"persons"
"vehicles’s engine off"

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Defenses to Criminal Charges

Posted by on May 4, 2012

Defenses to Criminal Charges

Did you know that dental work can trap alcohol in the mouth, and cause a falsely high breath test reading?

Did you know that speeding, by itself, is consistent with sobriety and not intoxication?

Do you know what Field Sobriety Tests are designed to demonstrate, and how the results can be turned into favorable evidence for you?

The prosecutor and police will attempt to prove the accused is guilty of DUI by describing sloppy driving, poor performance on the field sobriety tests, and by introducing the results of the chemical testing (blood, breath or urine) if a test is taken. If there is no chemical test, the prosecutor will attempt to use a refusal to take a chemical test as “consciousness of guilt.”

The defenses to the DUI charges will generally fall into these same three categories: driving evidence, field sobriety tests, and chemical testing. Remember that a conviction requires 12 jurors to agree on the guilt of the accused. A skilled criminal defense attorney is the best hope for creating doubt in these areas, rendering the prosecution’s evidence an unreliable basis for the jury to return a guilty verdict.

A criminal defense attorney can highlight those areas where the driving by the accused was consistent with their being sober at the time. Turning normally, parking properly, and signaling appropriately: those driving patterns that are consistent with sobriety can go a long way towards presenting the complete picture, and rebutting the prosecution’s case.

Every place the police report is silent is a fertile area to demonstrate the innocence of the accused. Everything the accused didn’t do can be the best evidence of their sobriety, and the basis for a “not guilty” verdict. For example, if the police report does not say the accused fumbled with their driver’s license, a skilled criminal defense attorney can make points by illustrating that an intoxicated person might, but that this accused did not.

An experienced criminal defense attorney will know how to point out the faults of whichever chemical test is involved, or the legitimate reasons why a chemical test was refused. There are many reasons for falsely high breath tests. The accused may have burped prior to taking the test. The testing device may be improperly calibrated. Electrical interference from police radios can skew the results. A blood sample may have improper levels of preservatives. The point is that there are many ways to chip away at the trustworthiness of the prosecution’s evidence, and prevent the prosecution from meeting their burden of proof beyond a reasonable doubt.

If you or anyone you care about has been accused of DUI, please consult a Southern California DUI Lawyer right away.

California Vehicle Code VC 23556 – Conditions of Probation: First Conviction

Posted by on May 4, 2012

California Vehicle Code VC 23556 – Conditions of Probation: First Conviction

23556. (a) (1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).

(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (2) 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) (1) In a county where the county alcohol program administrator has certified, and the board of supervisors has approved, a program or programs, the court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, an alcohol and other drug education and counseling program, established pursuant to Section 11837.3 of the Health and Safety Code, as designated by the court.

(2) In any county where the board of supervisors has approved and the State Department of Alcohol and Drug Programs has licensed an alcohol and other drug education and counseling program, the court shall also impose as a condition of probation that the driver enroll in, participate in, and successfully complete, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this paragraph, enrollment in, participation in, 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) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.

(4) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for ( )1 nine months or longer, as ordered by the court, in a licensed program that consists of at least ( )2 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.

(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).

(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the Department of Alcohol and Drug Programs. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered.

(d) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.

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

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 29, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 21, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
Amended Sec. 4, Ch. 164, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

"six"
"45"2005.

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California Vehicle Code VC 23229 – Possession of Alcoholic Beverages: Exceptions

Posted by on May 4, 2012

California Vehicle Code VC 23229 – Possession of Alcoholic Beverages: Exceptions

23229. (a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or the living quarters of a housecar or camper.

(b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority.

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California Vehicle Code VC 23136 – PAS Persons Under 21: Preliminary Screening Device

Posted by on May 4, 2012

California Vehicle Code VC 23136 – PAS Persons Under 21: Preliminary Screening Device

23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.
However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.

(b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years,
and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(c) (1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary
alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).

(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).

(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other
chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.

Added Ch. 899, Stats. 1993. Effective January 1, 1994.
Amended Ch. 938, Stats. 1994. Effective September 28, 1994.
Amended Sec. 18, Ch. 10, Stats. 1996. Effective February 9, 1996.

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California Vehicle Code VC 23109.2 – Vehicle Impoundment: Speed Contests

Posted by on May 4, 2012

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.

(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:

If the vehicle is a stolen vehicle.
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.
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).
If the legal owner or registered owner of the vehicle is a rental car agency.
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:

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.
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.
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.

If the vehicle is a stolen vehicle.
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.
If the legal owner or registered owner of the vehicle is a rental car agency.
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.

(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.

(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.

(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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California Vehicle Code VC 21202 – Operation on Roadway

Posted by on May 4, 2012

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:

When overtaking and passing another bicycle or vehicle proceeding in the same direction.
When preparing for a left turn at an intersection or into a private road or driveway.
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.
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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California Criminal Defense Attorney – Speed Enhancement

Posted by Brianna Wilkins on May 4, 2012

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

Posted by Brianna Wilkins on May 4, 2012

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.