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California Vehicle Code VC 23224 – Possession of Alcohol in Vehicle: Person Under 21

Posted by on May 4, 2012

23224. (a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person’s employment. If the driver was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

(b) No passenger in any motor vehicle who is under the age of 21 years shall knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger’s employment. If the passenger was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage.

(c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than 30 days for each violation.

(d) Any person under 21 years of age convicted of a violation of this section is subject to Section 13202.5.

(e) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

Amended Ch. 1697, Stats. 1990. Effective January 1, 1991.
Amended Sec. 1, Ch. 690, Stats. 1996. Effective January 1, 1997.

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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 23128 – Snowmobiles

Posted by on May 4, 2012

California Vehicle Code VC 23128 – Snowmobiles

23128. It is unlawful for any person to operate a snowmobile in the following manner:

On a highway except as provided in Section 38025.
In a careless or negligent manner so as to endanger a person or property.
For the purpose of pursuing deer or other game mammal with intent to harass such animals.
For the purpose of violating Section 602 of the Penal Code.

Amended Ch. 973, Stats. 1972. Effective August 16, 1972.

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California Vehicle Code VC 23103.5 – Guilty Plea to Lesser Charge

Posted by on May 4, 2012

California Vehicle Code VC 23103.5 – Guilty Plea to Lesser Charge

23103.5. (a) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of any alcoholic beverage or ingestion or administration of any drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of any alcoholic beverage or the ingestion or administration of any drug by the defendant in connection with the offense.

(b) The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).

(c) If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of any alcoholic beverage or the ingestion or administration of any drugs by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.

(d) The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.

(e) If the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.

(f) The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the program described in subdivision (e) as to treating persons convicted of violating Section 23103.

Amended Sec. 4, Ch. 487, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.

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California Superior Courts General Information

Posted by on May 4, 2012

California Superior Courts General Information

If you or someone you know have been arrested in the state of California for driving under the influence of alcohol or drugs, it is important to be aware of the location of the courthouse where your arraignment will be held. First, find the county listed below in which the drunk driving arrest happened. If there are multiple courthouses in the county, please contact skilled California criminal defense lawyers or DWI attorneys for more information.

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). California criminal defense attorneys with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

California Criminal Defense – Exhibition of Speed

Posted by on May 4, 2012

California Criminal Defense – Exhibition of Speed

A plea bargain is a compromise that is reached between the prosecutor and a defendant and his or her attorney. The compromise is generally based on the strength of the prosecutor’s case. If the prosecutor has a weak case they will generally offer a driver the chance to plead to a reduced charge. When a prosecutor has a particularly strong case, they are likely to be less generous in their plea bargain negotiations. It takes the skills of an experienced California DUI / DWI attorney to successfully get a prosecutor to reduce charges or compromise on the punishments for DUI / DWI charges.

When one is arrested for driving under the influence of alcohol or driving while intoxicated in California, they will typically be charged with misdemeanor drunk driving. When a prosecutor’s case is particularly weak, the charge will be significantly reduced. A DUI / DWI lawyer will work with the prosecutor to reach a compromise. One of the best possible compromises available in driving under the influence cases is a charge of exhibition of speed.

Exhibition of speed is a non-alcohol related offense and it therefore carries a very light punishment compared to a DUI / DWI or wet-reckless charge. It is a minor misdemeanor that will commonly be offered when the driver’s BAC was .08 percent or lower. Pleading guilty to exhibition of speed will mean the driver must pay a fine and that’s it. There will be no probation. So long as the driver is successful at the DMV hearing, there will be no license suspensions or SR-22 filing requirements. A charge of exhibition of speed will not be counted as a prior drunk driving offense if the driver gets charged with driving under the influence for a second time within 10 years.

A California criminal defense attorney is highly likely to advise their client to plead to a charge of exhibition of speed if the prosecutor makes the offer. In fact, a DUI / DWI defense lawyer will attempt to negotiate such a deal if they see weakness in the prosecutor’s case. For a free evaluation, contact The Kavinoky Law Firm.

Post-conviction Relief

Posted by on May 4, 2012

Post-conviction Relief

As the world gets smaller and technology makes our private life more public, a past criminal conviction can become a future obstacle. While past convictions cannot be completely erased, the law provides important ways to limit the impact that a prior arrest and/or conviction may have on an individual’s future. It is possible that a prior conviction can be relieved – and sometimes destroyed altogether. This area of law is commonly referred to as post-conviction relief, or post-judgment relief.

Ultimately post-conviction relief is a way to clear a criminal record by dismissing the case, limiting public access to the records regarding the arrest and conviction, or alleviating certain consequences associated with the conviction. A good criminal defense attorney can quickly assess the best option in each individual case.

Post-conviction relief is of critical importance to anyone who has been convicted of a criminal offense and is interested in cleaning up his or her criminal record. A criminal record is like a credit report and can often be accessed by others. Anyone with a criminal offense in their past knows that the punishments resulting from the conviction go beyond fines, probation and jail time. A prior conviction can have a negative impact on employment opportunities, educational goals, and self-confidence.

There are several common forms of post-conviction, or post-judgment, relief available including: expungement, sealing and destruction of records, reduction of felony to misdemeanor, and certificates of rehabilitation and/or pardon.

Expungement is the most common option for people who have prior misdemeanor and certain felony convictions on their criminal record. Expungement is essentially a dismissal of the conviction after the probationary period ends and is a requirement for many employers and professional licensing boards.

In certain circumstances arrest records and even prior conviction records can be sealed and ultimately destroyed. If records are sealed then the arrest is deemed to have never occurred and public access is limited. Requests for sealing are not granted in all cases, but are commonly granted in cases where an arrest did not result in conviction or in juvenile court cases.

Some felonies can be reduced to misdemeanors, even after a conviction. This is typically done in connection with expungement. Reducing a felony to a misdemeanor helps clean up a criminal record. More serious felonies may require a gubernatorial pardon. Requests for pardons can be made directly to the governor or following an approved Certificate of Rehabilitation. Certificates of Rehabilitation are approved by a judge. The approved certificate is then sent to the governor as an application for pardon. If granted, a pardon will restore most disabilities associated with a prior conviction, including restoration of gun possession rights and relief from sex offender registration.

Most forms of post-conviction relief, including expungement, sealing and destroying records or vacating convictions, require a judge’s approval. Other types of relief are less complicated and may even occur automatically – for example, destruction of minor misdemeanor marijuana records. A direct pardon however, requires an application to the governor.

Almost everyone with a criminal conviction can benefit from post-conviction relief. A caring attorney at The Kavinoky Law Firm can help to determine which form of post-conviction relief is best. Contact a skilled defense lawyer today for a free consultation.

Online Traffic Schools

Posted by Brianna Wilkins on May 4, 2012

Online Traffic Schools

Drivers who receive moving violations often opt to attend a California traffic school in order to clear the offense from their records and keep insurance rates low. In the past, traffic school meant sacrificing a Saturday or a couple of weeknights in a crowded, stuffy conference room. However, it’s now possible to attend a California online traffic school in the comfort of home. EconomyTrafficSchool.com offers an affordable, court-approved traffic school program that can be completed at the driver’s convenience.

EconomyTrafficSchool.com is approved by the courts in Los Angeles, Ventura, San Diego, and dozens of other California counties. They process their completion certificates daily, so there’s no waiting to satisfy court requirements. The courses are affordable, and there are no hidden fees. Students can access the website at any time, which means that the course can be completed around work, school, and other obligations.

Traffic school courses from EconomyTrafficSchool.com are divided up into units that include reading, graphics, video segments, and review questions. Students can complete the course in one sitting or return as many times as necessary. At the end of the course, students must pass a multiple-choice test, with unlimited re-tests available. Once the test is passed, the driver will receive an instant completion confirmation and the certificate will be filed via mail, fax, or e-mail, depending on the court requirements. For those with an impending deadline, EconomyTrafficSchool.com offers affordable overnight delivery rates.

EconomyTrafficSchool.com also offers online driver’s education classes for teenagers. School budget cuts have long meant that driver’s DE classes are no longer available in high schools, but an affordable online version is now available.

Attendance at a California traffic school used to mean sacrificing evenings or a Saturday to listen to boring lectures, but not anymore. EconomyTrafficSchool.com offers a convenient, affordable online California traffic school course that can be completed in the privacy of the driver’s home or office, or anywhere with Internet access. Registering is easy – start today to protect your driving record and keep insurance rates low.

California Vehicle Code VC 13352.4 – First Offense: Completion of DUI Program and Restricted Driver’s License

Posted by on May 4, 2012

California Vehicle Code VC 13352.4 – First Offense: Completion of DUI Program and Restricted Driver’s License

13352.4. (a) Except as provided in subdivision (h), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352, if the person meets all of the following requirements:

Submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.
Submits proof of financial responsibility, as defined in Section 16430.
Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.

(c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.

(d) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.

(e) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.

(f) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later.

(g) The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 is not eligible for the restricted driver’s license authorized under this section.

(h) If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.

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

Added Sec. 5, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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California Vehicle Code VC 13359 – Grounds for Suspension or Revocation

Posted by on May 4, 2012

California Vehicle Code VC 13359 – Grounds for Suspension or Revocation

13359. The department may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license.

Amended Ch. 498, Stats. 1976. Effective January 1, 1977.

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California Vehicle Code VC 13372 – Denial, Suspension, or Revocation of Ambulance Driver Certificate

Posted by on May 4, 2012

California Vehicle Code VC 13372 – Denial, Suspension, or Revocation of Ambulance Driver Certificate

13372. (a) The department shall ( )1 refuse to issue or renew, or shall suspend or revoke an ambulance driver certificate if any of the following apply to the applicant or certificate holder:

Is required to register as a sex offender under Section 290 of the Penal Code for any offense involving force, violence, threat, or intimidation.
Habitually or excessively uses or is addicted to narcotics or dangerous drugs.
Is on parole or probation for any felony, theft, or any crime involving force, violence, threat, or intimidation.

(b) The department may ( )1 refuse to issue or renew, or may suspend or revoke an ambulance driver certificate if any of the following apply to the applicant or certificate holder:

Has been convicted ( )2 within seven years of any offense punishable as a felony or has been convicted during that period of any theft.
Has committed any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, within ( )3 seven years.
Habitually and excessively uses intoxicating beverages.
Has been convicted within ( )3 seven years of any offense ( )4 relating to the use, sale, possession, or transportation of narcotics or addictive or dangerous drugs, or of any misdemeanor involving force, violence, threat, or intimidation.
Is on probation to the department for a cause involving the unsafe operation of a motor vehicle.
Within ( )5 three years ( )6 has had his or her driver’s license suspended or revoked by the department for a cause involving the unsafe operation of a motor vehicle, or, within the same period, has been convicted of any of the following:
1. Failing to stop and render aid in an accident involving injury or death.
2. ( )7 Driving-under-the-influence of intoxicating liquor, any drug, or under the combined influence of intoxicating liquor and any drug.
3. Reckless driving, or reckless driving involving bodily injury.
Has knowingly ( )8 made a false statement or failed to disclose a material fact in his ( )9 or her application. ( )10.
Has been involved as a driver in any motor vehicle accident causing death or bodily injury or in three or more motor vehicle accidents ( )11 within one year.
Does not meet minimum medical standards specified in this code or in regulations adopted pursuant to this code.
Has demonstrated irrational behavior or incurred a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected of an ambulance driver may be impaired.
Has violated any provision of this code or any rule or regulation adopted by the Commissioner of the California Highway Patrol relating to the operation of emergency ambulances ( )11 within one year.
Has committed any act that warrants dismissal, as provided in Section 13373.

(c) ( )12 (1) Reapplication following refusal or revocation under subdivision (a) or (b) may be made after a period of not less than one year after the effective date of the refusal or revocation, except in cases where a longer period of refusal, suspension, or revocation is required by law.

(2) Reapplication following refusal or revocation under subdivision (a) or (b) may be made if a felony or misdemeanor conviction supporting the refusal or revocation is reversed or dismissed. A termination of probation and dismissal of charges under Section 1203.4 of the Penal Code or a dismissal of charges under Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.

Amended Sec. 4, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

"deny"
"during the preceding"
"the preceding"
"relative"
"the"
"immediately preceding the application"
"Driving under the influence"
"falsified"
"and"
"Applicants refused certification under this provision shall not be issued an ambulance driver certificate within 12 months of that refusal."
"during the preceding one-year period"
"The department may revoke or suspend the ambulance driver certificate of any person who gives any cause, before or after issuance of the certificate, for either mandatory or discretionary refusal of certification."

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