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California Vehicle Code VC 23220 – Drinking While Driving

Posted by on May 4, 2012

23220. (a) No person shall drink any alcoholic beverage while driving a motor vehicle upon any highway or on any lands described in subdivision (b).

(b) As used in subdivision (a), "lands" means those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Amended Sec. 1, Ch. 384, Stats. 1998. Effective August 24, 1998

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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 23117 – Carrying Animal in Motor Truck

Posted by on May 4, 2012

California Vehicle Code VC 23117 – Carrying Animal in Motor Truck

23117. (a) No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load on the vehicle on a highway unless the space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage, in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle.

(b) This section does not apply to any of the following:

The transportation of livestock.
The transportation of a dog whose owner either owns or is employed by a ranching or farming operation who is traveling on a road in a rural area or who is traveling to and from a livestock auction.
The transportation of a dog for purposes associated with ranching or farming.

Added Ch. 224, Stats. 1987. Effective January 1, 1988.

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California Vehicle Code VC 21210 – Bicycle Parking

Posted by on May 4, 2012

California Vehicle Code VC 21210 – Bicycle Parking

21210. No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public highway, provided that appropriate signs are erected.

Added Ch. 751, Stats. 1976. Effective January 1, 1977.

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California DUI Laws and Penalties Under 21

Posted by on May 4, 2012

California DUI Laws and Penalties Under 21

There are special laws in California for persons under 21 who are arrested for DUI. Just like with people over 21, there are two separate prosecutions: the DMV (who is trying to take away the persons driver’s license) and the criminal court (who is trying to impose other types of punishment, like jail, fines, mandatory classes relating to the dangers of alcohol consumption, and so on.) However, the punishment is more severe for persons under 21, especially with the DMV under California’s “Zero Tolerance” laws.

The effect of these “Zero Tolerance” laws is to make things tougher on those under 21 who are caught driving with any hint of impairment due to alcohol. The under-21 driver can have their driver’s license taken away by the DMV if their Blood Alcohol Level is .01 or greater, they can be charged with a violation of Vehicle Code Section 23140 (under-21 DUI) if their BAC is .05 or greater, and they can be charged under the same DUI laws as adults, all at the same time. It is important to have professional help, to ensure that youthful mistakes don’t have lifelong consequences.

If you or someone you care about is under 21, and charged with a DUI or related offense, please contact a Southern California DUI lawyer in your area. Many DUI cases can be successfully defended. Before you even think about pleading guilty, please talk to someone who knows this particular area of the law.

› Under 21 DMV Information
› Under 21 Criminal Court Information

San Luis Obispo, California Criminal Defense Lawyers

Posted by Darren Kavinoky on May 4, 2012

In Custody

Finding someone in custody
http://www.slosheriff.org/custody.php

General information on San Luis Obispo County jail
http://www.slosheriff.org/faq.php?id=1

Release from Custody

Courthouses:

General information
http://slocourts.net/

Criminal Court Information

SLO Superior Court
1050 Monterey Street Room 220
San Luis Obispo, CA, 93408 USA

DMV Driver’s Safety Office

DMV Driver’s Safety office in Oxnard receives the case and it is sent to a satellite office in San Luis Obispo

Address: 3190 S Higuera St, San Luis Obispo, CA 93401
Phone: (800) 777-0133
Hours: Open today · 8:00 am – 5:00 pm

California Criminal Law – Boating Under the Influence (BUI)

Posted by on May 4, 2012

Boating is an activity that many people engage in for fun and recreation. It’s the kind of activity people associate with summer days at the beach or lake. People also associate alcohol with summer days by the waterfront. The problem is that when alcohol and boating mix, people can get injured. Boating under the influence of alcohol or drugs is a criminal offense that carries serious punishment for guilty offenders. The penalties include jail time, alcohol education classes, fines, and other penalties. A qualified California DUI / DWI attorney is capable of handling cases involving boating under the influence.

The California Harbors and Navigation Code provides the laws regarding boating under the influence. The code defines being under the influence as having a blood alcohol content (BAC) of .08 percent for a recreational vessel and .04 percent for a commercial craft. The statute sets a zero-tolerance for craft such as aquaplanes and water skis. The zero-tolerance policy means that any trace of alcohol is illegal when operating these craft.

Boating under the influence can be many times more dangerous than driving under the influence of drugs or alcohol. People drive every day and are well practiced at it. When it comes to boating however, many people might drive a boat a couple times a year. Such a person is far from an expert boat driver. For that same person to be drunk and boating is extremely dangerous.

Another important distinction between driving and boating is that driving takes place most commonly on roads that are fairly wide and stable. Boating takes place out in the ocean where the tides and winds can change in an instant. If a person is drunk, they will not be fast enough to respond properly to the changing circumstances. In fact, statistics from the United States Coast Guard show that in boating deaths involving alcohol use, over half the victims capsized their own boats and/or fell overboard.

Furthermore, boats, by their very nature, are inferior to cars in their ability to steer and to brake. Given that the typical boat operator spends only a few days a year on the water, they are typically not expert at handling the different problems that boaters encounter from time to time. When the hot sun and alcohol have had their say, an impaired person at the helm of a boat may be in bad shape and will be putting everyone aboard and nearby in danger.

As in cases of driving a car under the influence, the potential penalties for boating under the influence are very harsh. It is important to seek the help of a qualified criminal defense attorney. A California attorney experienced in defending BUI / BWI cases can launch an aggressive defense to the charges, and keep any negative consequences to a minimum.

California Vehicle Code VC 13353 – Refusal of Chemical Test

Posted by on May 4, 2012

California Vehicle Code VC 13353 – Refusal of Chemical Test

13353. (a) If a person refuses the officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612, upon receipt of the officer’s sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer, the department shall do one of the following:

Suspend the person’s privilege to operate a motor vehicle for a period of one year.
Revoke the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either (A) a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, or (B) a suspension or revocation of the person’s privilege to operate a motor vehicle pursuant to this section or Section 13353.2 for an offense that occurred on a separate occasion.
Revoke the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurred within 10 years of any of the following:
1. Two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, or any combination thereof, that resulted in convictions.
2. Two or more suspensions or revocations of the person’s privilege to operate a motor vehicle pursuant to this section or Section 13353.2 for offenses that occurred on separate occasions.
3. Any combination of two or more of those convictions or administrative suspensions or revocations.
  The officer’s sworn statement shall be submitted pursuant to Section 13380 on a form furnished or approved by the department. The suspension or revocation shall not become effective until 30 days after the giving of written notice thereof, or until the end of any stay of the suspension or revocation, as provided for in Section 13558.
4. 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.

(b) If a person on more than one occasion in separate incidents refuses the officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612 while driving a motor vehicle, upon the receipt of the officer’s sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, the department shall disqualify the person from operating a commercial motor vehicle for the rest of his or her lifetime.

(c) The notice of the order of suspension or revocation under this section shall be served on the person by a peace officer pursuant to Section 23612. The notice of the order of suspension or revocation shall be on a form provided by the department. If the notice of the order of suspension or revocation has not been served by the peace officer pursuant to Section 23612, the department immediately shall notify the person in writing of the action taken. The peace officer who serves the notice, or the department, if applicable, also shall provide, if the officer or department, as the case may be, determines that it is necessary to do so, the person with the appropriate non-English notice developed pursuant to subdivision (d) of Section 14100.

(d) Upon the receipt of the officer’s sworn statement, the department shall review the record. For purposes of this section, the scope of the administrative review shall cover all of the following issues:

Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153.
Whether the person was placed under arrest.
Whether the person refused to submit to, or did not complete, the test or tests after being requested by a peace officer.
Whether, except for a person described in subdivision (a) of Section 23612 who is incapable of refusing, the person had been told that his or her driving privilege would be suspended or revoked if he or she refused to submit to, or did not complete, the test or tests.

(e) The person may request an administrative hearing pursuant to Section 13558. Except as provided in subdivision (e) of Section 13558, the request for an administrative hearing does not stay the order of suspension or revocation.

(f) The suspension or revocation imposed under this section shall run concurrently with any restriction, suspension, or revocation imposed under Section 13352, 13352.4, or 13352.5 that resulted from the same arrest.

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

Amended Sec. 7.5, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
The 2005 amendment added the italicized material.

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California Vehicle Code VC 13362 – Surrender of License Erroneously Issued

Posted by on May 4, 2012

California Vehicle Code VC 13362 – Surrender of License Erroneously Issued

13362. The department may require the surrender to it of any driver’s license which has been issued erroneously or which contains any erroneous or false statement, or which does not contain any notation required by law or by the department. In the event a licensee does not surrender the license upon proper demand, the department may suspend the licensee’s privilege to operate a motor vehicle. The suspension shall continue until the correction of the license by the department or until issuance of another license or temporary license in lieu thereof.

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California Vehicle Code VC 13375 – Definition of Conviction

Posted by on May 4, 2012

California Vehicle Code VC 13375 – Definition of Conviction

13375. For the purpose of this article, any plea or verdict of guilty, plea of nolo contendere, or court finding of guilt in a trial without a jury, or forfeiture of bail, is deemed a conviction, notwithstanding subsequent action under Section 1203.4 or 1203.4a of the Penal Code allowing withdrawal of the plea of guilty and entering a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation or information.

Added Ch. 1360, Stats. 1990. Effective January 1, 1991.

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California Vehicle Code VC 23596 – Vehicle Declared Nuisance: Sale of Vehicle

Posted by on May 4, 2012

California Vehicle Code VC 23596 – Vehicle Declared Nuisance: Sale of Vehicle

23596. (a) (1) Upon its own motion or upon motion of the prosecutor in a criminal action for a violation of any of the following offenses, the court with jurisdiction over the offense, notwithstanding Section 86 of the Code of Civil Procedure and any other provision of law otherwise prescribing the jurisdiction of the court based upon the value of the property involved, may declare the motor vehicle driven by the defendant to be a nuisance if the defendant is the registered owner of the vehicle:

A violation of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code.
A violation of Section 23152 which occurred within seven years of two or more separate offenses of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code, or Section 23152 or 23153, or any combination thereof, which resulted in convictions.
A violation of Section 23153 which occurred within seven years of one or more separate offenses of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code, or Section 23152 or 23153, which resulted in convictions.

(2) The court or the prosecutor shall give notice of the motion to the defendant, and the court shall hold a hearing before a motor vehicle may be declared a nuisance under this section.

(b) Except as provided in subdivision (g), upon the conviction of the defendant and at the time of pronouncement of sentence, the court with jurisdiction over the offense shall order any vehicle declared to be a nuisance pursuant to subdivision (a) to be sold. Any vehicle ordered to be sold pursuant to this subdivision shall be surrendered to the sheriff of the county or the chief of police of the city in which the violation occurred. The officer to whom the vehicle is surrendered shall promptly ascertain from the department the names and addresses of all legal and registered owners of the vehicle and, within five days of receiving that information, shall send by certified mail a notice to all legal and registered owners of the vehicle other than the defendant, at the addresses obtained from the department, informing them that the vehicle has been declared a nuisance and will be sold or otherwise disposed of pursuant to this section and of the approximate date and location of the sale or other disposition. The notice shall also inform any legal owner of its right to conduct the sale pursuant to subdivision (c).

(c) Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed finance institution legally operating in this state, or the agent of that legal owner, may take possession and conduct the sale of the vehicle declared to be a nuisance if it notifies the officer to whom the vehicle is surrendered of its intent to conduct the sale within 15 days of the mailing of the notice pursuant to subdivision (b). Sale of the vehicle pursuant to this subdivision may be conducted at the time, in the manner, and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by the legal owner shall be disposed of as provided in subdivision (e). A notice pursuant to this subdivision may be presented in person, by certified mail, by facsimile transmission, or by electronic mail. The agent of a legal owner acting pursuant to this subdivision shall be licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.

(d) If the legal owner or the agent of the legal owner does not notify the officer to whom the vehicle is surrendered of its intent to conduct the sale as provided in subdivision (c), the officer shall offer the vehicle for sale at public auction within 60 days of receiving the vehicle. At least 10 days but not more than 20 days prior to the sale, not counting the day of the sale, the officer shall give notice of the sale by advertising once in a newspaper of general circulation published in the city or county, as the case may be, in which the vehicle is located, which notice shall contain a description of the make, year, model, identification number, and license number of the vehicle and the date, time, and location of the sale. For motorcycles, the engine number shall also be included. If there is no newspaper of general circulation published in the county, notice shall be given by posting a notice of sale containing the information required by this subdivision in three of the most public places in the city or county in which the vehicle is located, and at the place where the vehicle is to be sold, for 10 consecutive days prior to and including the day of the sale.

(e) The proceeds of a sale conducted pursuant to this section shall be disposed of in the following priority:

To satisfy the costs of the sale, including costs incurred with respect to the taking and keeping of the vehicle pending sale.
To the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of the sale, including accrued interest or finance charges and delinquency charges.
To the holder of any subordinate lien or encumbrance on the vehicle to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall reasonably furnish reasonable proof of its interest and, unless it does so on request, is not entitled to distribution pursuant to this paragraph.
To any other person who can establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest.
If the vehicle was forfeited as a result of a felony violation of Section 191.5 of the Penal Code, or of Section 23153 that resulted in serious bodily injury to any person other than the defendant, the balance, if any, to the city or county in which the violation occurred, to be deposited in its general fund.
Except as provided in paragraph (5), the balance, if any, to the city or county in which the violation occurred, to be expended for community-based adolescent substance abuse treatment services.

The person conducting the sale shall disburse the proceeds of the sale as provided in this subdivision, and provide a written accounting regarding the disposition to all persons entitled to or claiming a share of the proceeds, within 15 days after the sale is conducted.

(f) If the vehicle to be sold under this section is not of the type that can readily be sold to the public generally, the vehicle shall be destroyed or donated to an eleemosynary institution.

(g) No vehicle shall be sold pursuant to this section in either of the following circumstances:

The vehicle is stolen, unless the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained.
The vehicle is owned by another, or there is a community property interest in the vehicle owned by a person other than the defendant and the vehicle is the only vehicle available to the defendant’s immediate family that may be operated on the highway with a class 3 or class 4 driver’s license.

(h) The Legislature finds and declares it to be the public policy of this state that no policy of insurance shall afford benefits that would alleviate the financial detriment suffered by any person as a direct or indirect result of a confiscation of a vehicle pursuant to this section.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 7, Ch. 582, Stats. 1998. Effective January 1, 1999.
Repealed Sec. 40.2 and added Sec. 40.4, Ch. 22, Stats. 1999, without change in text. 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, www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.