California Vehicle Code VC 23153 – Driving Under Influence of Alcohol or Drugs Causing Injury

23153. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.

(d) It is unlawful for any person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210, and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Repealed and Added Ch. 1114, Stats. 1989. Operative January 1, 1992.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.

NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.

23153. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.

(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23153, as added by Section 30 of Chapter 1114 of the Statutes of 1989.

Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.

» Return to California Vehicle Codes

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 23111 – Throwing Substances on Highways or Adjoining Areas

23111. No person in any vehicle and no pedestrian shall throw or discharge from or upon any road or highway or adjoining area, public or private, any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance. This section shall be known as the Paul Buzzo Act.

Amended Ch. 1548, Stats. 1970. Effective November 23, 1970.

» Return to California Vehicle Codes

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 21205 – Carrying Articles

21205. No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.

Added Ch. 479, Stats. 1963. Effective September 20, 1963.

» Return to California Vehicle Codes

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 Criminal Defense Attorney DUI / DWI Plea Bargains

One may plead guilty to a charge of driving while intoxicated or driving under the influence. Generally a California DUI / DWI attorney will help the client assess the strength the of the prosecutor’s case before making any such decision. The prosecutor will also assess the case. Based on their assessment, they will offer the driver a plea bargain.

A DUI / DWI lawyer will try to get the charge reduced. If one is charged with felony drunk driving one might seek a reduced charge of misdemeanor driving under the influence. When one is charged with a misdemeanor DUI, often an attempt to seek lesser charges such wet-reckless or dry-reckless will take place.

Generally, the first three drunk driving offenses are charged as misdemeanors while a fourth DUI / DWI within ten years will be charged as a felony. If a person is injured or killed, a first, second, or third driving under the influence offense will be charged as a felony.

The minimum sentence for a first time DUI / DWI in California is 36 months of informal probation, 12 weeks of alcohol education classes, close to $1,500 in court fines and penalties, a 90 day driver’s license restriction as well as six month suspension imposed by the DMV if the driver is not successful at the DMV hearing.

A second drunk driving offense within 10 years will result a minimum of 10 days in county jail and 18 months of alcohol education classes. Furthermore, the DMV will institute a two years suspension of the driver’s license. After one year the driver will be eligible to apply for a restricted license.

Third time drunk driving offenders will face 120 days in county jail and extensive alcohol education classes. The Department of Motor Vehicles will suspend driving privileges for three years. A restricted license may be available after two years of suspension.

A fourth DUI / DWI offense in California will be charged as a felony. Punishment will include 180 days in county jail, 18 months of alcohol education classes, fines and probation. The driver’s license will be suspended for four years with eligibility for a restricted license coming after three years.

The second type of felony DUI happens when the driver has been in an accident. Restitution is required in cases of injury. The injured party must be repaid for the damages they suffered. As well as requiring restitution, the driver will be sentenced to jail, fined, and have their driver’s license suspended. Extensive alcohol education classes will be ordered by the court.

There are factors that will result in an increase of the minimum punishments. Those factors include a refusal to take a chemical test, a BAC of .20 percent or higher, speeding at 20 miles per hour above the speed limit on side streets and 30 miles per hour when driving on freeways. Reckless driving while under the influence, causing a traffic accident, or having a minor in the car will also worsen the punishment. Prior DUIs and being under 21 will also have exacerbate the sentence.

When a jury trial is not a good option, a DUI / DWI lawyer will try to achieve a fair compromise from the prosecutor. While some punishments in plea may seem harsh, they can be better than the alternative at trial.

Superior Court Of California, County of Riverside

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 Riverside, CA criminal defense attorney for more information.

Riverside County Superior Court – Riverside Historic Courthouse
4050 Main Street, Riverside, CA 92501

Riverside Hall of Justice
4100 Main Street, Riverside, CA 92501

Riverside Juvenile Court
9991 County Farm Road, Riverside, CA 92503

Southwest Justice Center – Murrieta
30755-D Auld Road, Murrieta, CA 92563

Moreno Valley Court
13800 Heacock Street, Bldg. D #201, Moreno Valley, CA 92553

Banning Court
135 N. Alessandro Road, Banning, CA 92220

Hemet Court
880 N. State Street, Hemet, CA 92543

Temecula Court
41002 County Center Drive #100, Temecula, CA 92591

Larson Justice Center – Indio
46-200 Oasis Street, Indio, CA 92201

Indio Juvenile Court
47-671 Oasis Street, Indio, CA 92201

Blythe Court
265 N. Broadway, Blythe, CA 92225

» Riverside 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.

» Return to California Superior Courts, general information

Proposition 36

If a criminal defendant is convicted of a Non-Violent Drug Possession Offense after July 1, 2001, they may be eligible for Proposition 36 sentencing. Prop 36 sentencing consists of probation and drug treatment, and specifically states that a defendant shall not be required to spend time in jail as a condition of probation.

A Proposition 36 sentence requires treatment for up to one year, with an additional six months of aftercare. This may include outpatient treatment, halfway house (sober living) treatment, narcotic replacement therapy, drug education or prevention courses and/or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situations or severe dependence. However, a Prop 36 sentence does not include drug treatment programs offered in a prison or jail facility. Jail is only a possible sentence where multiple efforts at rehabilitation have failed.

Note that possession for sale, production or manufacturing controlled substances DO NOT count as Non-Violent Drug Possession Offenses, and Prop 36 relief is not available.

One of the benefits to Prop 36 relief over Diversion is that it does not require a guilty plea; Prop 36 treatment is still available after a jury trial. However, there are some downsides as well: there is still a conviction on record while in treatment, and a person is not granted leave to deny that it occurred. Dismissal of the case is not automatic, and it remains to be seen how courts will deal with this.

Because of these variables, it is essential that anyone facing a drug charge receive legal advice from a California DUI and drug case lawyer that can advise the accused about all of his or her options.

If you or someone you care about has a problem with alcohol or drugs, and wants help, please contact our offices at once. We can help.

California Vehicle Code VC 13351.5 – Assault With Deadly Weapon: Motor Vehicle

13351.5. (a) Upon receipt of a duly certified abstract of the record of any court showing that a person has been convicted of a felony for a violation of Section 245 of the Penal Code and that a vehicle was found by the court to constitute the deadly weapon or instrument used to commit that offense, the department immediately shall revoke the privilege of that person to drive a motor vehicle.

(b) The department shall not reinstate a privilege revoked under subdivision (a) under any circumstances.

(c) Notwithstanding subdivision (b), the department shall terminate any revocation order issued under this section on or after January 1, 1995, for a misdemeanor conviction of violating Section 245 of the Penal Code.

Added Ch. 1221, Stats. 1994. Effective January 1, 1995.
Amended Sec. 15, Ch. 606, Stats. 1998. Effective January 1, 1999.

» Return to California Vehicle Codes

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 13353.6 – Commercial Driver’s License: Suspension and Restriction

13353.6 (a) If the person’s driver’s license is a commercial driver’s license, as defined in Section 15210, and if the person has not had a separate violation of Section 23103 as specified in Section 23103.5, Section 23152, or Section 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code which resulted in a conviction, and if the person’s privilege to operate a motor vehicle has not been previously suspended or revoked pursuant to Section 13353 or 13353.2 for an offense which occurred on a separate occasion, notwithstanding Section 13551, the department shall, upon receiving the officer’s sworn statement and the receipt of the person’s driver’s license and after review pursuant to subdivision (d) of Section 13353.2, suspend the person’s privilege to operate a motor vehicle for 30 days, and then reissue the person a commercial driver’s license and endorsements with restrictions, as follows:

1. The restricted commercial driver’s license shall authorize the operation of a motor vehicle only to and from, and in the course and scope of, the person’s employment.
2. The term of the restricted license is 30 days after the date that the order of suspension is effective pursuant to Section 13353.3 until six months after that date.

(b) The person may be issued an unrestricted commercial driver’s license after the term of restriction under this section.

(c) This section applies only to the holder of a commercial driver’s license who was not operating a commercial vehicle, as defined in Section 15210, at the time of the offense.

(d) This section shall become inoperative on September 20, 2005, and, as of January 1, 2006, is repealed unless a later enacted statute that becomes operative on or before January 1, 2006, deletes or extends that date on which it becomes inoperative and is repealed.

Amended and repealed Sec. 9, Ch. 952, Stats. 2004. Effective January 1, 2005. Repeal operative January 1, 2006.
The 2004 amendment added the italicized material.

NOTE: The preceding section becomes inoperative on September 20, 2005, and is repealed January 1, 2006.

» Return to California Vehicle Codes

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 13366.5 – Commercial Driving Privilege: Effective Date of Suspension or Revocation

13366.5. (a) Notwithstanding Section 13366, whenever in this code the department is required to disqualify the commercial driving privilege of a person to operate a commercial motor vehicle upon the conviction of that person of a violation of this code, the suspension or revocation shall begin upon receipt by the department of a duly certified abstract of any court record showing that the person has been so convicted.

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

Added Sec. 11, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

» Return to California Vehicle Codes

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 23568 – Conditions of Probation: Third or Subsequent Conviction Within Ten Years

23568. (a) If the court grants probation to a person punished under Section 23566, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least one year, that the person pay a fine of at least three hundred ninety dollars ($390) but not more than five thousand dollars ($5,000), and that the person make restitution or reparation pursuant to Section 1203.1 of the Penal Code. The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (6) 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) In addition to Section 23600 and subdivision (a), if the court grants probation to a person punished under Section 23566, the court shall impose as a condition of probation that the person enroll in and complete, subsequent to the date of the underlying violation and in a manner satisfactory to the court, an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a minimum condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. Except as provided in this subdivision, if the court grants probation under this section, the court shall order the treatment prescribed by this subdivision, whether or not the person has previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (6) of subdivision (a) of Section 13352.

(c) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides 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.

(d) 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. 37, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.
Amended Sec. 33, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 23, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

» Return to California Vehicle Codes

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.