California Vehicle Code VC 23103 – Reckless Driving

23103. (a) Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Any person who drives any vehicle in any offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104.

Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.

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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 23125 – Schoolbus or Transit Vehicle Drivers: Prohibition Against Use of Wireless Telephone

23125. (a) A person may not drive a schoolbus or transit vehicle, as defined in subdivision (g) of Section 99247 of the Public Utilities Code, while using a wireless telephone.

(b) This section does not apply to a driver using a wireless telephone for work-related purposes, or for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency service agency or entity.

(c) Notwithstanding any other provision of law, a violation of subdivision (a) does not constitute a serious traffic violation within the meaning of subdivision (i) of Section 15210.

Added Sec. 1, Ch. 505, Stats. 2004. Effective January 1, 2005.

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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 23222 – Possession of Marijuana or Open Container While Driving

23222. (a) No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

(b) Except as authorized by law, every person who possesses, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, not more than one avoirdupois ounce of marijuana, other than concentrated cannabis as defined by Section 11006.5 of the Health and Safety Code, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding any other provision of law, if the person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, Sections 1000.1 and 1000.2 of the Penal Code are applicable to the person, and the court shall divert and refer the person for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept the person. If the person is so diverted and referred, the person is not subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, the person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his or her written promise to appear in court, as provided in Section 40500, and shall not be subjected to booking.

Amended Sec. 2, 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 23548 – Conditions of Probation: Third Conviction Within Ten Years

23548. (a) (1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).

(2) The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (5) 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) In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment specified in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352.

(c) In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23546 who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in and complete a driving-under-the-influence program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. Any person who has previously completed a 12-month or 18-month program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person’s residence or employment. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352.

(d) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.

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

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 24, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 19, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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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 23580 – Repeat Offenders: Mandatory Imprisonment

23580. (a) If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service.

(b) Notwithstanding any other provision of law, except Section 2900.5 of the Penal Code, unless the court expressly finds in the circumstances that the punishment inflicted would be cruel or unusual punishment prohibited by Section 17 of Article I of the California Constitution, no court or person to whom a person is remanded for execution of sentence shall release, or permit the release of, a person from the requirements of subdivision (a), including, but not limited to, any work-release program, weekend service of sentence program, diversion or treatment program, or otherwise.

(c) For the purposes of this section, "imprisonment" means confinement in a jail, in a minimum security facility, or in an inpatient rehabilitation facility, as provided in Part 1309 (commencing with Section 1309.1) of Title 23 of the Code of Federal Regulations.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 223, Ch. 664, Stats. 2002. Effective January 1, 2003.

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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.

Consequences of a DMV Hearing

The consequences of a DMV Administrative Per Se (APS) Hearing can range from nothing to harsh suspensions and revocations. With the help of a California criminal defense attorney with vast experience in DUI / DWI cases, the consequences of these hearings will most likely be limited.

The first thing to know about the consequences of Department of Motor Vehicles hearings is that unless you request a hearing within ten (10) days of your arrest, a process will begin to have your driver’s license automatically suspended and you may never get a DMV hearing.

One of the possible consequences of a Department of Motor Vehicles hearing can be the case being set aside. This is the best option, and means no action will be taken against the driver’s license.

A second consequence is that a driver’s license will be suspended, revoked, or restricted. The length of suspension depends upon several factors including how many DUIs the driver has had over the past ten (10) years. The more past violations, the longer the suspension will be. First-time offenders are generally treated with the most leniency.

If a driver’s job requires on-the-job driving, or if a driver cannot get to work unless they drive there, the APS judge may restrict the license to limit driving privileges to going back and forth to work and to court. If the circumstances of the DUI / DWI are grievous or if the driver is a repeat offender, restrictions may not be granted.

Furthermore, a driver may be required to file formal proof of insurance with the DMV. This is done with the filing of an SR-22 form. When one is required to make this filing, one’s insurance company will be made aware of the violation automatically.

Consequences of refusal to submit to a chemical tests after being arrested will result in an automatic one-year suspension unless a DUI / DWI defense attorney can illustrate that there was no refusal. If the driver has a prior drunk driving conviction and refuses, the suspension will be for two years. Two prior DUIs plus a refusal to submit to a test on the third arrest will result in a three-year suspension. For a previous offense to count, it must have occurred within ten (10) years of the current driving under the influence arrest in California.

Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI / DWI cases on your side if you want to minimize the consequences against your driver’s license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the Department of Motor Vehicles and protect your driving privileges.

Superior Court Of California, County of Santa Clara

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.

Downtown Superior Court
191 N First Street, San Jose, CA 95113

Hall of Justice
190 W. Hedding Street, San Jose, CA 95110

Terraine Courthouse (Drug Court)
115 Terraine Street, San Jose, CA 95113

Santa Clara Courthouse
1095 Homestead Road, Santa Clara, CA 95050

Sunnyvale Courthouse
605 W. El Camino Real, Sunnyvale, CA 94087

Palo Alto Courthouse
270 Grant Avenue, Palo Alto, CA 94306

South County Courthouse
12425 Monterey Road, San Martin, CA 95046

Notre Dame Courthouse
99 Notre Dame Avenue, San Jose, CA 95113

Los Gatos Courthouse
14205 Capri Drive, Los Gatos, CA 95032

Traffic Court
935 Ruff Drive, San Jose, CA 95110

» Santa Clara 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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Defenses to Criminal Charges

Did you know that dental work can trap alcohol in the mouth, and cause a falsely high breath test reading?

Did you know that speeding, by itself, is consistent with sobriety and not intoxication?

Do you know what Field Sobriety Tests are designed to demonstrate, and how the results can be turned into favorable evidence for you?

The prosecutor and police will attempt to prove the accused is guilty of DUI by describing sloppy driving, poor performance on the field sobriety tests, and by introducing the results of the chemical testing (blood, breath or urine) if a test is taken. If there is no chemical test, the prosecutor will attempt to use a refusal to take a chemical test as “consciousness of guilt.”

The defenses to the DUI charges will generally fall into these same three categories: driving evidence, field sobriety tests, and chemical testing. Remember that a conviction requires 12 jurors to agree on the guilt of the accused. A skilled criminal defense attorney is the best hope for creating doubt in these areas, rendering the prosecution’s evidence an unreliable basis for the jury to return a guilty verdict.

A criminal defense attorney can highlight those areas where the driving by the accused was consistent with their being sober at the time. Turning normally, parking properly, and signaling appropriately: those driving patterns that are consistent with sobriety can go a long way towards presenting the complete picture, and rebutting the prosecution’s case.

Every place the police report is silent is a fertile area to demonstrate the innocence of the accused. Everything the accused didn’t do can be the best evidence of their sobriety, and the basis for a “not guilty” verdict. For example, if the police report does not say the accused fumbled with their driver’s license, a skilled criminal defense attorney can make points by illustrating that an intoxicated person might, but that this accused did not.

An experienced criminal defense attorney will know how to point out the faults of whichever chemical test is involved, or the legitimate reasons why a chemical test was refused. There are many reasons for falsely high breath tests. The accused may have burped prior to taking the test. The testing device may be improperly calibrated. Electrical interference from police radios can skew the results. A blood sample may have improper levels of preservatives. The point is that there are many ways to chip away at the trustworthiness of the prosecution’s evidence, and prevent the prosecution from meeting their burden of proof beyond a reasonable doubt.

If you or anyone you care about has been accused of DUI, please consult a Southern California DUI Lawyer right away.

California Drug Cases Attorney

If you’ve been arrested on a California drug charge, you’re certainly not alone – more and more Americans are ensnared in our nation’s failed “War on Drugs” every year. Local, state and federal governments continue to pour billions of dollars into this failed war year after year at the expense of individuals like you.

Fortunately, it’s possible to mount an aggressive defense to a California drug charge with the help of a defense lawyer specifically skilled in drug law. An experienced California drug crime attorney from The Kavinoky Law Firm can thoroughly analyze your case and determine the most effective strategy to challenge the case against you.

Whether your California drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer. An experienced California drug defense lawyer from The Kavinoky Law Firm has the skills and knowledge needed to aggressively fight any felony drug charges.

California defense attorney Darren Kavinoky and the knowledgeable attorneys of The Kavinoky Law Firm are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

A California drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

Some California drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a California drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A California drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. To learn more about strong defenses to felony drug charges, California drug offenders, please contact an experienced California defense attorney from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation. Serving all of Los Angeles County, Orange County, San Luis Obispo and Ventura Counties and Riverside and San Diego Counties.

California Vehicle Code VC 13350 – Required Revocation

13350. (a) The department immediately shall revoke the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of any of the following crimes or offenses:

1. Failure of the driver of a vehicle involved in an accident resulting in injury or death to any person to stop or otherwise comply with Section 20001.
2. Any felony in the commission of which a motor vehicle is used, except as provided in Section 13351, 13352, or 13357.
3. Reckless driving causing bodily injury.

(b) If a person is convicted of a violation of Section 23152 punishable under Section 23546, 23550, or 23550.5, or a violation of Section 23153 punishable under Section 23550.5 or 23566, including a violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging his or her understanding of the revocation required by paragraph (5), (6), or (7) of subdivision (a) of Section 13352, and an acknowledgment of his or her designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed 10 days.

(c) The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in Section 16430.

Amended Sec. 1, Ch. 901, Stats. 1997. Effective January 1, 1998.
Amended Sec. 1.35, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 9, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 7, Ch. 545, Stats. 2002. Effective January 1, 2003.

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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.