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California Vehicle Code VC 13367 – Determining Minor’s Suspension

Posted by on May 4, 2012

13367. For purposes of the suspension or revocation of any driver’s license issued to a minor, the department shall not provide any lighter penalty than would be given to an adult under similar circumstances.

Added Ch. 562, Stats. 1959. Effective September 18, 1959.

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California Vehicle Code VC 23572 – Minor Passenger: Enhanced Penalty

Posted by on May 4, 2012

California Vehicle Code VC 23572 – Minor Passenger: Enhanced Penalty

23572. (a) If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed:

If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.
If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed.
If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.
If a person is convicted of a violation of Section 23152 which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.

(b) The driving of a vehicle in which a minor under 14 years of age was a passenger shall be pled and proven.

(c) No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 38, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.

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California Vehicle Code VC 23614 – Breath and Chemical Testing: Advisement

Posted by on May 4, 2012

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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California Vehicle Code VC 23558 – Multiple Victims: Enhanced Penalty

Posted by on May 4, 2012

California Vehicle Code VC 23558 – Multiple Victims: Enhanced Penalty

23558. Any person who proximately causes bodily injury or death to more than one victim in any one instance of driving in violation of Section 23153 of this code or in violation of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code, shall, upon a felony conviction, and notwithstanding subdivision (g) of Section 1170.1 of the Penal Code, receive an enhancement of one year in the state prison for each additional injured victim. The enhanced sentence provided for in this section shall not be imposed unless the fact of the bodily injury to each additional victim is charged in the accusatory pleading and admitted or found to be true by the trier of fact. The maximum number of one year enhancements which may be imposed pursuant to this section is three.

Notwithstanding any other provision of law, the court may strike the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 15, Ch. 706, Stats. 1999. Effective October 10, 1999.

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California Vehicle Code VC 23229.1 – Possession of Alcohol in Limousine: Passengers Under Age 21

Posted by on May 4, 2012

California Vehicle Code VC 23229.1 – Possession of Alcohol in Limousine: Passengers Under Age 21

23229.1. (a) Subject to subdivision (b), Sections 23223 and 23225 do apply to any charter-party carrier of passengers, as defined in Section 5360 of the Public Utilities Code, operating a limousine for hire when the driver of the vehicle transports any passenger under the age of 21.

(b) For purposes of subdivision (a), it is not a violation of Section 23225 for any charter-party carrier of passengers operating a limousine for hire which is licensed pursuant to the Public Utilities Code to keep any bottle, can, or other receptacle containing any alcoholic beverage in a locked utility compartment within the area occupied by the driver and passengers.

(c) In addition to the requirements of Section 1803, every clerk of a court, or judge if there is no clerk, in which any driver in subdivision (a) was convicted of a violation of Section 23225 shall prepare within 10 days after conviction, and immediately forward to the Public Utilities Commission at its office in San Francisco, an abstract of the record of the court covering the case in which the person was convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the commission within 10 days after sentencing, and the abstract shall be certified, by the person required to prepare it, to be true and correct.

For the purposes of this subdivision, a forfeiture of bail is equivalent to a conviction.

(d) This section shall become operative on July 1, 1989.

Added Ch. 1105, Stats. 1988. Operative July 1, 1989.

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California Vehicle Code VC 23140 – Alcohol: Persons Under 21

Posted by on May 4, 2012

California Vehicle Code VC 23140 – Alcohol: Persons Under 21

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b) A person may 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 under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court, or judge if there is no clerk, shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.

Amended Ch. 938, Stats. 1994. Effective September 28, 1994.

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California Vehicle Code VC 23109.5 – Speed Contests: Prior Convictions

Posted by on May 4, 2012

California Vehicle Code VC 23109.5 – Speed Contests: Prior Convictions

23109.5. (a) In any case charging a violation of subdivision (a) of Section 23109 and where the offense occurs within five years of one or more prior offenses which resulted in conviction of violation of subdivision (a) of Section 23109, the court shall not strike any prior conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment, as provided in subdivision (f) of Section 23109, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in Section 13352 or 23109.

(b) In any case charging a violation of subdivision (a) of Section 23109, the court shall obtain a copy of the driving record of the person charged from the Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more prior convictions of the person for violation of subdivision (a) of Section 23109 have occurred within five years of the charged offense.

Added Ch. 953, Stats. 1983. Effective January 1, 1984.

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California Vehicle Code VC 21203 – Hitching Rides

Posted by on May 4, 2012

California Vehicle Code VC 21203 – Hitching Rides

21203. No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle on the roadway.

Amended Ch. 813, Stats. 1981. Effective January 1, 1982.

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California Criminal Defense Attorney – Traffic Accidents

Posted by Brianna Wilkins on May 4, 2012

California Criminal Defense Attorney – Traffic Accidents

A DUI / DWI charge in California actually results in two separate cases. A driver faces a California DMV case and a California criminal case. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. A qualified lawyer who focuses on drunk driving defense can handle both aspects of the case. In California DMV cases a person arrested on suspicion of drunk driving has ten days within the date of arrest to request a DMV hearing or the Department of Motor Vehicles will automatically begin a process of suspending the person’s license to drive.

In the criminal case people will face enhanced sentences for causing a traffic accident while driving under the influence. The driver does not have to enter a guilty plea. An accomplished and experienced DUI / DWI attorney can fight the case and win. Oftentimes it takes costly resources to fight a drunk driving case, and the issues are complex, but it is possible to win a case with the right legal counsel with a great strategy for success.

When a driver is convicted of driving under the influence of alcohol in California, he or she can face additional sentence enhancing charges. The most common allegations made for such sentencing enhancements are speeding, having children in the car, or causing an injury or traffic accident. If a driver is convicted on these charges, the court is likely to hand down a harsh punishment. Because of the staggering penalties that one may face if convicted of sentence enhancing charges, it is wise to consult with a California criminal defense attorney to find out how you can fight or settle the charges.

When a person who is accused of driving under the influence of alcohol or drugs causes an accident or causes an accident that injures another person, he or she will be charged with a felony DUI. When a driver is convicted of both driving under the influence and of causing an accident, the court can order a 90 day jail sentence that must be served in addition to any other punishments handed down in the case.

Traffic accidents that cause injuries are taken seriously by prosecutors and judges. Sentences are tough because lawmakers are trying to send a strong message to people to avoid the roads when they are intoxicated.

Prosecutors may offer a plea bargain to a driver who caused an accident. When it is obvious that the driver did in fact cause the accident, it may be best to accept a deal from the prosecutor. When one is accused of a sentence enhancing charge, it is best to consult with a California DUI / DWI attorney who is well versed in all aspects of drunk driving law. The law is complex and negotiations with prosecutors can depend on knowledge of such complexities. Sentence enhancing charges are serious and should not be tackled without the help of a competent attorney who may be able to have charges reduced or dismissed by way of compromise.

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.