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California Vehicle Code VC 23226 – Storage of Opened Container in Passenger Compartment

Posted by on May 4, 2012

23226. (a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.

Amended Sec. 5, Ch. 384, Stats. 1998. Effective August 24, 1998.
Amended Sec. 5, Ch. 723, Stats. 1999. Effective January 1, 2000.

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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 23135 – Operation of Modified Motorized Bicycle

Posted by on May 4, 2012

California Vehicle Code VC 23135 – Operation of Modified Motorized Bicycle

23135. It is unlawful for any person to operate upon a highway any vehicle which was originally manufactured as a motorized bicycle, as defined in Section 406, and which has been modified in such a manner that it no longer conforms to the definition of a motorized bicycle.

Added Ch. 421, Stats. 1978. Effective January 1, 1979.

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California Vehicle Code VC 23109 – Speed Contests

Posted by on May 4, 2012

California Vehicle Code VC 23109 – Speed Contests

23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.

(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.

(c) A person shall not engage in any motor vehicle exhibition of speed on a highway, and no person shall aid or abet in a motor vehicle exhibition of speed on any highway.

(d) A person shall not for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.

(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.

(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted is punishable by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment.

(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(4) The court shall order the privilege of a person convicted under paragraph (1), (2), or (3), to operate a motor vehicle suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.

(g) If the court grants probation to any person punishable under subdivision (f), in addition to the provisions of subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicleto be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).

(h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days.

(i) Any person who violates subdivision (b), (c), or (d) of this section shall upon conviction thereof be punished by imprisonment in a county jail for not more than 90 days or by a fine of not more than five hundred dollars ($500) or by both that fine and imprisonment.

(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on any license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.

(k) The court may order that any person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.

(l) This section shall be known and may be cited as the Louis Friend Memorial Act.

Amended Sec. 2, Ch. 595, Stats. 2004. Effective January 1, 2005.
Amended Sec. 1, Ch. 475, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material.

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California Vehicle Code VC 21201.5 – Reflectorized Equipment

Posted by on May 4, 2012

California Vehicle Code VC 21201.5 – Reflectorized Equipment

21201.5. (a) No person shall sell, or offer for sale, a reflex reflector or reflectorized tire of a type required on a bicycle unless it meets requirements established by the department. If there exists a federal Consumer Product Safety Commission regulation applicable to bicycle reflectors, the provisions of that regulation shall prevail over provisions of this code or requirements established by the department pursuant to this code relative to bicycle reflectors.

(b) No person shall sell, or offer for sale, a new bicycle that is not equipped with a red reflector on the rear, a white or yellow reflector on each pedal visible from the front and rear of the bicycle, a white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles which are equipped with reflectorized tires on the front and rear need not be equipped with these side reflectors.

Amended Ch. 399, Stats. 1980. Effective July 11, 1980 by terms of an urgency clause.

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California Criminal Defense Attorney – Sentencing Enhancements

Posted by on May 4, 2012

California Criminal Defense Attorney – Sentencing Enhancements

Drivers convicted of DUI / DWI face repercussions from the court that include jail time, fines, mandatory education programs, and probation. Certain factors known as sentencing enhancements can substantially increase the court’s punishment in a drunk driving case, including speeding, driving drunk with children in the car, or being involved in an accident. Consulting with an experienced California DUI / DWI attorney from the Kavinoky Law Firm may help mitigate these factors.

Sentencing enhancements can add to nearly every aspect of court punishment, resulting in longer jail sentences, higher fines, longer driver’s license suspensions, greater mandatory education requirements, and more restrictive probation.

These enhancements typically are included when charges are originally filed; however, they may be added at a later date as long as the case is still pending, and the enhancements would not unfairly endanger the defendant’s right to a fair trial. The additional allegations, like the underlying DUI charge, must be proven by the prosecutor or the sentence cannot be enhanced.

One of the most common enhancements added in a drunk driving case is speeding. A driver who is alleged to have been traveling 30 mph or more over the freeway speed limit or 20 mph or more over the speed limit on a surface street or highway likely will face this allegation.

Some prosecutors who allege speeding also may add an enhancement of reckless driving. If both allegations are found to be true, the motorist faces 60 days in jail in addition to any other punishment handed out. However, if the prosecutor alleges reckless driving, he or she must prove that the driver had willful or wanton disregard for the safety of people or property, and wasn’t merely driving too fast.

Another enhancement is the allegation that there were children in the car at the time the driver was stopped and arrested for DUI / DWI. If there were children under the age of 14 in the vehicle at the time of the stop, the driver risks a sentencing enhancement and/or a child endangerment charge.

If proven, the allegation of driving drunk with children in the car brings additional jail time – 48 hours for a first offense of this nature, 10 days for a second offense, 30 days for a third offense, and 90 days for a fourth offense. This additional jail time is mandatory if the facts establishing child endangerment are proven.

Another sentencing enhancement can be added if a traffic accident occurred. If the accident resulted in injury to someone other than the driver, the DUI likely will be charged as a felony. If the sentencing enhancement of being involved in an accident is proven in conjunction with a felony DUI / DWI conviction, the driver faces an additional 90 days to one year in jail.

Sentencing enhancements can also be added for a number of other factors, including prior DUIs or “wet-reckless” convictions, or drunk driving offenses that involve a death or multiple victims. If proven, each allegation carries substantial penalties.

Because some prosecutors “pile on” sentencing enhancements in DUI / DWI cases, it’s imperative to defend each case aggressively to avoid additional penalties. A California lawyer skilled at defending drunk driving cases can evaluate each case to determine the best strategy to fight sentencing enhancements along with the underlying charge of drinking and driving.

Prosecutor’s Closing Argument

Posted by on May 4, 2012

California Prosecutor’s Closing Argument

Once both the defense lawyer and the prosecutor have presented their cases in a California DUI / DWI trial, each attorney gives closing arguments. Closing arguments are both sides’ final opportunity to persuade the jury to accept their arguments. A knowledgeable drunk driving defense attorney from The Kavinoky Law Firm will use closing arguments to highlight the fact that the prosecutor hasn’t proved the case beyond a reasonable doubt. The prosecutor usually uses his or her closing argument to summarize evidence that he or she believes points to the driver’s guilt.

The prosecutor has the burden of proving the defendant’s guilt, so he or she is allowed to go first in closing arguments. Once the defense attorney completes closing arguments, the prosecutor is given the last word in what is called rebuttal.

The prosecutor is charged with the burden of proving every single element of a driving under the influence case beyond a reasonable doubt. Smart prosecutors try to minimize this burden to the jury, or even imply that the defendant must prove his or her innocence. Although jurors are specifically instructed that this is untrue, they sometimes forget this instruction during the prosecutor’s smooth closing argument. This is why it’s critical for the defense lawyer to remind jurors during closing arguments who has the burden of proof.

During closing arguments, the prosecutor usually reviews his or her entire case, focusing on items that indicate the defendant’s guilt. The prosecutor might show jurors the driver’s booking photo and describe the physical signs of intoxication. The prosecutor will then review the testimony of each witness. Finally, the prosecutor will ask the jury to deliver a guilty verdict.

Once the prosecutor has finished delivering his or her closing arguments, the defense lawyer gives the closing argument for the defense. A skilled California criminal defense attorney from The Kavinoky Law Firm will deliver an effective closing argument designed to remind the jury that the prosecutor hasn’t met the burden of proof in the drunk driving case.

The Blood Alcohol Calculator (BAC)

Posted by Darren Kavinoky on May 4, 2012

The Blood Alcohol Calculator (BAC)

Blood or Breath Alcohol Content (BAC) is a critical inquiry in nearly every drinking and driving arrest, whether DUI / DWI, driving under the influence of drugs (DUID), drunk driving, or any type of impaired driving case.

The BAC calculator below will allow you to predict your BAC at a given point in time based upon the number of drinks consumed over a period of time. Fill in the information required below for an estimate of blood or breath alcohol level.

Disclaimer: The Blood Alcohol Calculator is for information only. This conversion is not completely accurate and should not be used to determine if you are capable of driving. Your actual Blood Alcohol Level may vary, depending upon many factors, including body type, sex, health status, and many others. Every effort is made to ensure that the results yielded by the Blood Alcohol Calculator are correct; however, do not rely upon this information to decide whether or not it is safe or lawful to drive. Because impairment may occur at any Blood Alcohol Level, we can only recommend that you not drive with any measurable amount of alcohol in your system.

Online Blood-Alcohol Content Calculator (BAC) Beer Wine Shot Fluid Ounces 12 4 1.5 Alcohol Content 4% – 4.5% 15% – 20% 30% – 50% Fluid Ounces Consumed Percent Alcohol Your Weight (Lbs) Hours Consuming Drink BAC Percentage BAC Analysis

Internet Traffic Schools

Posted by Brianna Wilkins on May 4, 2012

Internet Traffic Schools

GoToTrafficSchool.com, is the Internet’s most popular online traffic school course. Go To Traffic School offer online traffic school programs for ticket dismissal, insurance reduction, safe driver points, and fleet driver safety programs.

This program is best suited for those who have received a traffic ticket and would like to take traffic school online so that the traffic ticket does not appear on their record, those who would like to lower their insurance premiums, and those who need to take a driver safety course for their work.

Go To Traffic School is the best and most convenient way to attend online traffic school on the Internet.

Unlike other Internet courses you do not have to struggle to get through this course. The course is easy to read and follow. You do not need to own various types of computer software to take this course. No downloading, e-mail, fax or printer is required. The course is 100% interactive. Anybody who has access to a computer can take this course.

About the Content

GoToTrafficSchool.Com offers the best online traffic school in every state throughout the country. Online traffic school course curriculum allows you to learn everything online that you would learn in a traditional traffic school classroom. The text is rich with animations, illustrations and interesting facts. After completing the last chapter of the course you will take a final examination. Upon your successful completion of the final examination GoToTrafficSchool.Com will e-mail you a confirmation of your completion. They will also send a hard copy of your certificate of completion to the court or to you, depending upon the state and county in which you were cited.

There is no time limit for a online traffic school course. Spend as much time required to complete our internet traffic school course. You can log on and off as many times as you wish. The unique tracking feature will save your place.

The course is available online 24 hours a day, 7 days a week

About The Quizzes

A short Quiz is administered at the end of each chapter. The quizzes are designed to test your understanding of key points of each chapter and prepare you for the final examination. Each quiz consists of a combination of 2-10 true/false and multiple choice questions. After correctly answering all of the questions of each quiz you will be able to proceed to the next section. If you fail a quiz you can go back through the chapter to review the materials and then re-take the quiz.

About The Final Exam

After completing all of the chapters a final examination based on the material you read will be administered. In order to pass the final examination you must get at least 70% to 80% of the questions correct, depending on the court. Right after you complete the final examination GoToTrafficSchool.Com will let you know whether you passed. In the event that you do not pass the final examination you can continue to re-study the material and re-take different final examinations until you pass without any further fees. When you pass the final examination you will be notified immediately via e-mail, and depending upon the requirement of your court, GoToTrafficSchool.Com will either mail your certificate of completion to you or directly to your court.

California Vehicle Code VC 13352.2 – DUI Program: Proof of Enrollment and Completion

Posted by on May 4, 2012

California Vehicle Code VC 13352.2 – DUI Program: Proof of Enrollment and Completion

13352.2. (a) If a person is required under Section 13352 to provide the department with proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code, the department shall deem that requirement satisfied upon receiving at its headquarters proof of enrollment that is satisfactory to the department and has been forwarded to the department by the program provider.

(b) If a person is required under Section 13352 to provide the department with proof of completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code, the department shall deem that requirement satisfied upon receiving at its headquarters proof of completion that is satisfactory to the department and has been forwarded to the department by the program provider.

Added Sec. 1, Ch. 403, Stats. 2004. Effective January 1, 2005.

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California Vehicle Code VC 13355 – Driving in Excess of 100 Miles Per Hour: Suspension

Posted by on May 4, 2012

California Vehicle Code VC 13355 – Driving in Excess of 100 Miles Per Hour: Suspension

13355. The department shall immediately suspend the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of a violation of subdivision (b) of Section 22348, or upon a receipt of a report of a judge of a juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of subdivision (b) of Section 22348 under the following conditions and for the periods, as follows:

Upon a conviction or finding of an offense under subdivision (b) of Section 22348 that occurred within three years of a prior offense resulting in a conviction of an offense under subdivision (b) of Section 22348, the privilege shall be suspended for a period of six months, or the privilege shall be restricted for six months to necessary travel to and from the person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving within the person’s scope of employment.
Upon a conviction or finding of an offense under subdivision (b) of Section 22348 that occurred within five years of two or more prior offenses resulting in convictions of offenses under subdivision (b) of Section 22348, the privilege shall be suspended for a period of one year, or the privilege shall be restricted for one year to necessary travel to and from the person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving within the person’s scope of employment.

Amended Sec. 84, Ch. 149, Stats. 2003. Effective January 1, 2004.

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