Category: Weapons Offenses

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California Vehicle Code VC 23115 – Rubbish Vehicles

Posted by on May 4, 2012

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

Posted by on May 4, 2012

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:

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.
When preparing for a left turn at an intersection or into a private road or driveway.
When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
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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California Drug Cases Attorney

Posted by on May 4, 2012

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

Posted by Brianna Wilkins on May 4, 2012

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

Posted by Brianna Wilkins on May 4, 2012

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

Posted by Brianna Wilkins on May 4, 2012

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

Posted by on May 4, 2012

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:

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) 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) 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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California Vehicle Code VC 13365 – Suspension for Failure to Appear

Posted by on May 4, 2012

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:

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

Posted by on May 4, 2012

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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California Vehicle Code VC 23600 – Sentencing: Minimum Probation Conditions

Posted by on May 4, 2012

California Vehicle Code VC 23600 – Sentencing: Minimum Probation Conditions

23600. (a) If any person is convicted of a violation of Section 23152 or 23153, the court shall not stay or suspend pronouncement of sentencing, and shall pronounce sentence in conjunction with the conviction in a reasonable time, including time for receipt of any presentence investigation report ordered pursuant to Section 23655.

(b) If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following:

Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced.
A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood.
A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood.
A requirement that the person shall not commit any criminal offense.

(c) The court shall not absolve a person who is convicted of a violation of Section 23152 or 23153 from the obligation of spending the minimum time in confinement, if any, or of paying the minimum fine imposed by law.

(d) In addition to any other provision of law, if any person violates paragraph (2) or (3) of subdivision (b) and the person had a blood alcohol concentration of over 0.04 percent as determined by a chemical test, the court shall revoke or terminate the person’s probation as provided by Section 23602, regardless of any other proceeding, and shall only grant a new term of probation of not more than five years on the added condition that the person be confined in the county jail for not less than 48 hours for each of these violations of probation, except in unusual cases where the interests of justice would best be served if this additional condition were not imposed.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 40.6, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.

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