Category: Weapons Offenses

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California Vehicle Code VC 23112 – Throwing, Depositing, or Dumping Matter on Highway

Posted by on May 4, 2012

23112. (a) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind.

(b) No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks, refuse, garbage, or dirt in or upon any highway, including any portion of the right-of-way thereof, without the consent of the state or local agency having jurisdiction over the highway.

Amended Ch. 74, Stats. 1980. Effective January 1, 1981.

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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 21206 – Local Regulation

Posted by on May 4, 2012

California Vehicle Code VC 21206 – Local Regulation

21206. This chapter does not prevent local authorities, by ordinance, from regulating the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code.

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

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California Criminal Defense Lawyers – Motion to Suppress Evidence

Posted by on May 4, 2012

California Criminal Defense Lawyers – Motion to Suppress Evidence

A California Criminal Defense Lawyer who is experienced in DUI and DWI defense typically use pretrial motions as part of a strategic effort to improve the client’s prospects in court. Motion to suppress evidence is a formal legal document that asks the court to take a particular action. Motions to suppress evidence, also called motions in limine, are among the most common motions introduced in drinking and driving cases. The California Criminal Defense Lawyers at The Kavinoky Law Firm are skilled and have the experience needed to use pretrial motions to the accused motorist’s best advantage in a California DUI case.

Suppression motions in drunk driving cases typically question whether the arresting officer had probable cause to make a traffic stop or an arrest, the results of the chemical tests administered to determine blood alcohol content (BAC), or both.

Motions to suppress evidence in California that are centered on whether or not the arresting officer had probable cause to make a traffic stop typically focus on whether or not the officer had a reasonable belief that a crime was committed. If the motion to suppress is successful, evidence obtained because of an unlawful detention, arrest, or search are subject to being excluded at trial.

Any California Vehicle Code violation can establish probable cause for a traffic stop; however, the violation must occur in the officer’s presence. Police cannot stop a car just to determine whether the driver can produce a valid license and registration. Officers also cannot stop a vehicle in anticipation of finding a vehicle code violation or other contraband, such as drugs, when no actual probable cause was present before the stop.

In some California DUI cases, a driving under the influence arrest can stem from an anonymous tip made by a third party. Police can only make an arrest for DUI / DWI after an anonymous tip if an officer witnesses behavior that provides a reasonable suspicion that the driver is intoxicated. If the traffic stop was based solely on a third-party tip, the arrest was invalid, and any evidence gathered must be excluded.

Motions to suppress the results of chemical tests typically center on whether the test was conducted correctly. If the strict requirements governing the administration of chemical tests in California weren’t followed, the evidence may be suppressed. If this evidence is excluded, additional information gathered as a result of the test also would be suppressed, such as observations of signs and symptoms of intoxication. A motion to suppress can be brought on several different grounds.

The evidence that prosecutors seek to introduce in California DUI / DWI cases isn’t automatically admissible – it must meet strict legal requirements to be used at trial. A California defense lawyer who focuses on drunk driving cases will use proven strategies to challenge evidence in a drunk driving case and improve an accused motorist’s prospects at trial.

Superior Court Of California, County of San Francisco

Posted by Brianna Wilkins on May 4, 2012

Superior Court Of California, County of San Francisco

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 California DUI / DWI defense attorney for more information.

Civic Center Court House
400 McAllister Street, San Francisco, CA 94102

Hall of Justice
850 Bryant Street, San Francisco, CA 94103

» San Francisco 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 San Francisco DUI attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

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Superior Court Of California, County of Sierra

Posted by Brianna Wilkins on May 4, 2012

Superior Court Of California, County of Sierra

Sierra County Superior Court
100 Courthouse Square, Downieville, CA 95936

Loyalton Courthouse
604B Main Street, Loyalton, CA 96118

» Sierra 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.

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California Vehicle Code VC 13350.5 – Vehicular Manslaughter

Posted by on May 4, 2012

California Vehicle Code VC 13350.5 – Vehicular Manslaughter

13350.5. Notwithstanding Section 13350 , for the purposes of this article, conviction of a violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code is a conviction of a violation of Section 23153.

Amended Ch. 656, Stats. 1991. Effective January 1, 1992.
Amended Sec. 1.37, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 10, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.

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California Vehicle Code VC 13353.5 – Restoration of Driving Privilege: Nonresidents

Posted by on May 4, 2012

California Vehicle Code VC 13353.5 – Restoration of Driving Privilege: Nonresidents

13353.5. (a) If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.

(b) If the person submits an application for a California driver’s license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.

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

Amended Sec. 14, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 9, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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California Vehicle Code VC 13366 – Effective Date of Suspension or Revocation

Posted by on May 4, 2012

California Vehicle Code VC 13366 – Effective Date of Suspension or Revocation

13366. Whenever in this code the department is required to suspend or revoke the privilege of a person to operate a motor vehicle upon the conviction of such person of violating this code, such suspension or revocation shall begin upon a plea, finding or verdict of guilty.

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California Vehicle Code VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years

Posted by on May 4, 2012

California Vehicle Code VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years

23566. (a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to 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) If a person is convicted of a violation of Section 23153, and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to 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.

(c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years.

The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law.

(d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

(e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person’s confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (6) of subdivision (a) of Section 13352, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 36, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.
Amended Sec. 32, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 17, Ch. 550, Stats. 2004. Effective January 1, 2005.

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California Vehicle Code VC 23610 – Blood-Alcohol Level: Presumptions Affecting Burden of Proof

Posted by on May 4, 2012

California Vehicle Code VC 23610 – Blood-Alcohol Level: Presumptions Affecting Burden of Proof

23610. (a) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person while driving a vehicle while under the influence of an alcoholic beverage in violation of subdivision (a) of Section 23152 or subdivision (a) of Section 23153, the amount of alcohol in the person’s blood at the time of the test as shown by chemical analysis of that person’s blood, breath, or urine shall give rise to the following presumptions affecting the burden of proof:

If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.
If there was at that time 0.05 percent or more but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.
If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(b) Percent, by weight, of alcohol in the person’s blood shall be based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(c) This section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.

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