New Laws in 2008

Every year, California adds scores of new laws to the books, and 2008 is no exception. Below is a brief summary of new laws that take effect this year. Unless otherwise noted, each statute took effect on Jan. 1, 2008. If you find yourself on the wrong side of the law this year, please don’t hesitate to contact the skilled defense lawyers of The Kavinoky Law Firm.

One of the most talked-about new laws in California this year is the ban on using hand-held cell phones while driving. This new law, which takes effect July 1, 2008, dictates that drivers can only use hands-free cell phone devices while operating a motor vehicle. Drivers who fail to comply face a $20 fine, which will later increase to $50.

Drivers under the age of 18 will be banned from using any cell phone, even hands-free devices, on July 1, 2008. Minors who violate this law will be subject to a $20 fine, which will later increase to $50.

Under California law, drivers who smoke with a minor in the car now face a $100 fine. This law applies to everyone. However, police cannot stop a vehicle merely to check for smoking; they must have another reason to initiate a traffic stop.

California has passed several new laws pertaining to drunk driving and DUI / DWI. Individuals who are on probation for DUI / DWI are now barred from driving with a blood alcohol content (BAC) of .01 percent or greater. Police can determine the driver’s BAC with a PAS test, or Preliminary Alcohol Screening test, to which the driver is required to submit under California’s Implied Consent law.

Another new California drunk-driving law pertains to driver’s license applications. Beginning July 1, 2008, everyone who applies for a new driver’s license or renews an old one must acknowledge in writing that DUI / DWI offenses that causes death can result in murder charges.

California authorities are also continuing to crack down on drag-racing and speed contests. Any vehicle used in a speed contest, exhibition of speed, or reckless driving on a highway can now be impounded for 30 days.

Another new law on California’s books makes it less likely that you’ll see jailhouse photos of Paris Hilton, Lindsay Lohan, or any other jailed celebrity. Under California law, it is now a misdemeanor for peace officers, government attorneys, or court employees to sell confidential information, photos, or videos from inside secure facilities such as jails. Anyone convicted of selling or soliciting such material faces a $1,000 fine plus forfeiture.

California law now prohibits the unauthorized possession of a cell phone, pager or wireless internet device in jail. Failure to comply is a misdemeanor punishable by a $1,000 fine. Possession of tobacco by inmates is now a $250 infraction.

A series of amendments went into effect Jan. 1, 2008 that change existing law. For example, California recently amended the law to add parking enforcement officers to the list of assault victims whose assailants can receive enhanced penalties.

Another amended law requires courts hearing domestic violence cases to consider issuing a 10-year restraining order against defendants sentenced to prison, jail or probation for DV offenses. Another amended section of the California Penal Code increases the notification time of victims and family members in domestic violence and child-abuse cases from 45 to 60 days.

Another new law requires pet owners to inform the victim of a dog bite within 48 hours of the owner’s name, address, telephone number, the dog’s name, license number and vaccination status. Anyone who fails to comply is guilty of an infraction and must pay a $100 fine.

California criminal law is extremely complex, and as you can see, more laws are added every year. If you’re facing California criminal charges, you need an expert defense lawyer at your side who will fight aggressively for your rights. The experienced attorneys of The Kavinoky Law Firm are ready to defend you on any California criminal charge. To learn more about effective defenses to California criminal charges, including DUI / DWI, domestic violence, drug charges, white-collar crime, or any other offense, contact us today for a free consultation.

The U.S. Supreme Court has ruled that criminal suspects’ statements can be used against them if they fail to invoke their rights.

The court ruled 5-4 that criminal suspects have a duty to invoke the rights outlined in the historic Miranda vs. Arizona decision, including the right to remain silent and to have an attorney present during questioning. In the past, the court held that the government had the burden of demonstrating that a suspect had knowingly and intelligently waived his rights.

Tuesday’s ruling addressed a Michigan case where a man was convicted of murder based largely on his one-word response to a question after nearly three hours of interrogation.  His conviction was overturned by an appeals court that ruled that using his answer to convict him violated his right against self-incrimination. The Supreme Court’s ruling overturned that decision.
Our constitutional rights have eroded considerably in recent years, so it’s more important than ever to have a skilled defense lawyer on your side if you’re under investigation for a criminal charge.  The top California defense attorneys of The Kavinoky Law Firm are well-known for standing up for the rights of their clients, and will do everything possible to protect you during a criminal investigation. Contact a skilled California defense lawyer today at 1-800-NO-CUFFS for a free consultation.

A new year brings new laws in California, and 2010 is no exception.  There are a number of new laws on the books that impact convicted DUI drivers and certain individuals charged with California theft or other property crimes. Another new law increases the amount of time credit earned by certain inmates in California county jails and prisons.  Yet another new law prevents authorities from sending low-level, non-violent offenders back to prison for parole violations. As in every year, the list of new California laws is lengthy, so we’ve summarized the most noteworthy ones here. If you have any questions about any of these new laws and how they will affect your case, you can always contact The Kavinoky Law Firm at 1-800-NO-CUFFS.

Two new laws will impact many individuals convicted of DUI. AB 91 creates a pilot program that requires every driver convicted of DUI in Los Angeles, Alameda, Sacramento and Tulare counties – even first offenders – to install and use an ignition interlock device.  The law will remain in effect until 2016, when the pilot program may be extended and expanded to include other counties.

SB 598 is a bill that will allow DUI offenders to obtain restricted driver’s licenses sooner than they would otherwise if they install and use an ignition interlock device.  Convicted DUI drivers will still have a certain period of “hard” suspension when they are not allowed to drive at all, but that hard suspension will be shortened by installing an ignition interlock device.

A new law that takes effect January 25, 2010 increases the dollar amount that determines whether more than 30 theft and property crime offenses can be charged as felonies rather than misdemeanors.  For example, the threshold for a felony charge of writing a check with non-sufficient funds increased from $200 to $400. The limits for some offenses, such as theft of currency or jewelry, remain unchanged.

Certain individuals serving time in California county jails will earn more time credits than before under another new law that takes effect on January 25, 2010. In the past, inmates in county jails earned two days of credit for every four days spent in custody. Under the new law, they will earn two days of credit for every two days served.  Some defendants are excluded from earning the additional credit for time served. They include individuals convicted of violent felonies who are limited to a 15-percent reduction credit under California Penal Code section 2933.1; those required to register as sex offenders; and individuals convicted of serious felonies or with prior convictions for serious felonies. Up to six weeks of additional credit can also be earned by many state prison inmates who complete certain prison programs.

Another new law that takes effect January 25, 2010 prevents certain individuals from being returned to prison for parole violations. The individual cannot be returned to prison for a parole violation if all of the following are true: he or she is not required to register as a sex offender, wasn’t convicted of a serious felony, doesn’t have a prior conviction for a serious felony, wasn’t convicted of a sex crime, wasn’t found guilty of a serious disciplinary offense, isn’t a validated gang member or associate, didn’t refuse to sign a notification of parole conditions, and wasn’t determined in an evaluation to have a high risk of reoffending.

Understanding California’s complex criminal statutes and the many new laws that are passed each year is difficult. Fortunately, the knowledgeable California defense attorneys of The Kavinoky Law Firm ensure that they’re up on the latest developments in the law, so that you don’t have to.  If you have any questions about any aspect of your California criminal case, please don’t hesitate to call us today at 1-800-NO-CUFFS.

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

 

California Vehicle Code VC 13350.5 – Vehicular Manslaughter

13350.5. Notwithstanding Section 13350 , for the purposes of this article, conviction of a violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code is a conviction of a violation of Section 23153.

Amended Ch. 656, Stats. 1991. Effective January 1, 1992.
Amended Sec. 1.37, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 10, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.

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California Vehicle Code VC 13353.45 – Treatment Program: Certificate of Completion

13353.45. The department shall, in consultation with the State Department of Alcohol and Drug Programs, with representatives of the county alcohol program administrators, and with representatives of licensed drinking driver program providers, develop a certificate of completion for the purposes of Sections 13352, 13352.4, and 13352.5 and shall develop, implement, and maintain a system for safeguarding the certificates against misuse. The department may charge a reasonable fee for each blank completion certificate distributed to a drinking driver program. The fee shall be sufficient to cover, but shall not exceed, the costs incurred in administering this section, Sections 13352, 13352.4, and 13352.5 or twelve dollars ($12) per person, whichever is less.

Amended Ch. 938, Stats. 1994. Effective September 28, 1994.
Amended Sec. 13, Ch. 545, Stats. 2002. Effective January 1, 2003.

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California Vehicle Code VC 13365.5 – Suspension for Failure to Comply with a Court Order

13365.5. (a) Upon receipt of a notification issued pursuant to Section 40509.1, the department shall suspend the person’s privilege to operate a motor vehicle until compliance with the court order is shown or as prescribed in subdivision (c) of Section 12808. The suspension under this section shall not be effective until 45 days after the giving of written notice by the department.

(b) This section does not apply to a notification of failure to comply with a court order issued for a violation enumerated in paragraph (1), (2), (3), (6), or (7) of subdivision (b) of Section 1803.

Added Ch. 158, Stats. 1993. Effective July 21, 1993.

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California Vehicle Code VC 21201.3 – Bicycle or Motorized Bicycle Lights

21201.3. (a) A bicycle or motorized bicycle used by a peace officer, as defined in Section 830.1 of, subdivision (a), (b), (c), (d), (e), (f), (g), or (i) of Section 830.2 of, subdivision (b) or (d) of Section 830.31 of, subdivision (a) or (b) of Section 830.32 of, Section 830.33 of, subdivision (a) of Section 830.36 of, subdivision (a) of Section 830.4 of, or Section 830.6 of, the Penal Code, in the performance of the peace officer’s duties, may display a steady or flashing blue warning light that is visible from the front, sides, or rear of the bicycle or motorized bicycle.

(b) No person shall display a steady or flashing blue warning light on a bicycle or motorized bicycle except as authorized under subdivision (a).

Added Sec. 65, Ch. 877, Stats. 1998. Effective January 1, 1999.

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California Vehicle Code VC 23602 – Penalty: Violation of Probation

23602. Except as otherwise expressly provided in this code, if a person has been convicted of a violation of Section 23152 or 23153 and the court has suspended execution of the sentence for that conviction and has granted probation, and during the time of that probation, the person is found by the court to have violated a required term or condition of that probation, the court shall revoke the suspension of sentence, revoke or terminate probation, and shall proceed in the manner provided in subdivision (c) of Section 1203.2 of the Penal Code.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 41, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 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.
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California Vehicle Code VC 23614 – Breath and Chemical Testing: Advisement

23614. (a) In addition to the requirements of Section 23612, a person who chooses to submit to a breath test shall be advised before or after the test that the breath-testing equipment does not retain any sample of the breath and that no breath sample will be available after the test which could be analyzed later by that person or any other person.

(b) The person shall also be advised that, because no breath sample is retained, the person will be given an opportunity to provide a blood or urine sample that will be retained at no cost to the person so that there will be something retained that may be subsequently analyzed for the alcoholic content of the person’s blood. If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially.

(c) The person shall also be advised that the blood or urine sample may be tested by either party in any criminal prosecution. The failure of either party to perform this test shall place neither a duty upon the opposing party to perform the test nor affect the admissibility of any other evidence of the alcoholic content of the blood of the person arrested.

(d) No failure or omission to advise pursuant to this section shall affect the admissibility of any evidence of the alcoholic content of the blood of the person arrested.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 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.
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California Vehicle Code VC 23249.50 – Legislative Intent

23249.50. (a) The Legislature finds and declares all of the following:

1. Driving under the influence of an alcoholic beverage or a drug is a serious problem, constituting the largest group of misdemeanor violations in many counties.
2. Studies of first offenders have found that more than half of first offenders are alcoholics or problem drinkers. There are higher percentages of problem drinkers among second offenders than among first offenders.
3. As the link between the health and legal aspects of the problem has become recognized, the courts have sought more information on a presentence basis in determining the appropriate sentence.
4. Laws relating to driving under the influence of an alcoholic beverage or a drug allow the courts to order a presentence investigation to determine whether a person can benefit from an education, training, or treatment program. The Legislature thus finds that, to adequately assess whether an individual arrested for driving under the influence of an alcoholic beverage or a drug is chemically dependent, it is important to develop and implement screening programs in order to continue to address the problem of driving under the influence of alcoholic beverages or drugs in the state.

(b) It is therefore the intent of the Legislature to establish an additional procedure to assist the courts in the use of presentence investigations of individuals convicted of driving under the influence of an alcoholic beverage or a drug and to enable the courts to make appropriate dispositions in these cases. As part of this process, the courts should obtain and consider a presentence investigation report detailing the defendant’s driving and criminal record, and, where possible, an alcohol or drug problem assessment report. In all cases, an alcohol or drug problem assessment report should be completed by qualified personnel prior to the determination of an education or treatment plan and subsequent sentencing by the courts.

Repealed and Added, Ch. 160, Stats. 1988. Effective January 1, 1989.

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California Vehicle Code VC 23158 – Chemical Test Procedure

23158. (a) Notwithstanding any other provision of law, only a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, a person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic acting at the request of a peace officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath specimens. An emergency call for paramedic services takes precedence over a peace officer’s request for a paramedic to withdraw blood for determining its alcoholic content. A certified paramedic shall not withdraw blood for this purpose unless authorized by his or her employer to do so.

(b) The person tested may, at his or her own expense, have a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or any other person of his or her own choosing administer a test in addition to any test administered at the direction of a peace officer for the purpose of determining the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of his or her blood, breath, or urine. The failure or inability to obtain an additional test by a person does not preclude the admissibility in evidence of the test taken at the direction of a peace officer.

(c) Upon the request of the person tested, full information concerning the test taken at the direction of the peace officer shall be made available to the person or the person’s attorney.

(d) Notwithstanding any other provision of law, no licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, or hospital, laboratory, or clinic employing or utilizing the services of the licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, owning or leasing the premises on which tests are performed, shall incur any civil or criminal liability as a result of the administering of a blood test in a reasonable manner in a hospital, clinical laboratory, medical clinic environment, jail, or law enforcement facility, according to accepted venipuncture practices, without violence by the person administering the test, and when requested in writing by a peace officer to administer the test.

(e) Notwithstanding any other provision of law, a person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code and who is authorized by this section to draw blood at the request and in the presence of a peace officer for purposes of determining its alcoholic content, may do so in a jail, law enforcement facility, or medical facility, with general supervision. The "certified phlebotomy technician" shall draw blood following the policies and procedures approved by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, appropriate to the location where the blood is being drawn and in accordance with state regulations.

(f) The Certified Phlebotomy Technician I or II shall carry a current, valid identification card issued by the State Department of Health Services, attesting to the technician’s name, certificate type, and effective dates of certification, when performing blood withdrawals.

(g) As used in this section, "general supervision" means that the supervisor of the technician is licensed under the Business and Professions Code as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, and reviews the competency of the technician before the technician may perform blood withdrawals without direct supervision, and on an annual basis thereafter. The supervisor is also required to review the work of the technician at least once a month to ensure compliance with venipuncture policies, procedures, and regulations. The supervisor, or another person licensed as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, shall be accessible to the location where the technician is working to provide onsite, telephone, or electronic consultation, within 30 minutes when needed.

(h) Nothing in this section shall be construed as requiring the certified phlebotomy technician who is authorized to withdraw blood by this section at the request and in the presence of a peace officer for purposes of determining alcoholic content to be associated with a clinical laboratory or to be directly supervised after competency has been established.

(i) If the test given under Section 23612 is a chemical test of urine, the person tested shall be given such privacy in the taking of the urine specimen as will ensure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved.

(j) The department, in cooperation with the State Department of Health Services or any other appropriate agency, shall adopt uniform standards for the withdrawal, handling, and preservation of blood samples prior to analysis.

(k) As used in this section, "certified paramedic" does not include any employee of a fire department.

(l) Consent, waiver of liability, or the offering to, acceptance by, or refusal of consent or waiver of liability by the person on whom a test is administered, is not an issue or relevant to the immunity from liability for medical or law enforcement personnel orother facilities designated under subdivision (d).

Amended Sec. 30, Ch. 118, Stats. 1998. Effective January 1, 1999.
Amended Sec. 2, Ch. 14, Stats. 2004. Effective February 11, 2004

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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.