Category: Weapons Offenses

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Online Traffic Schools

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

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:

  1. 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.
  2. Submits proof of financial responsibility, as defined in Section 16430.
  3. 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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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 13359 – Grounds for Suspension or Revocation

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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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 13372 – Denial, Suspension, or Revocation of Ambulance Driver Certificate

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:

  1. Is required to register as a sex offender under Section 290 of the Penal Code for any offense involving force, violence, threat, or intimidation.
  2. Habitually or excessively uses or is addicted to narcotics or dangerous drugs.
  3. 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:

  1. Has been convicted ( )2 within seven years of any offense punishable as a felony or has been convicted during that period of any theft.
  2. Has committed any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, within ( )3 seven years.
  3. Habitually and excessively uses intoxicating beverages.
  4. 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.
  5. Is on probation to the department for a cause involving the unsafe operation of a motor vehicle.
  6. 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.
  7. Has knowingly ( )8 made a false statement or failed to disclose a material fact in his ( )9 or her application. ( )10.
  8. 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.
  9. Does not meet minimum medical standards specified in this code or in regulations adopted pursuant to this code.
  10. 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.
  11. 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.
  12. 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:

  1. "deny"
  2. "during the preceding"
  3. "the preceding"
  4. "relative"
  5. "the"
  6. "immediately preceding the application"
  7. "Driving under the influence"
  8. "falsified"
  9. "and"
  10. "Applicants refused certification under this provision shall not be issued an ambulance driver certificate within 12 months of that refusal."
  11. "during the preceding one-year period"
  12. "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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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 23582 – Speeding: Additional Penalty

California Vehicle Code VC 23582 – Speeding: Additional Penalty

23582. (a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.

(b) If the court grants probation or suspends the execution of sentence, it shall require as a condition of probation or suspension that the defendant serve 60 days in the county jail, in addition and consecutive to any other sentence prescribed by this chapter.

(c) On a first conviction under this section, the court shall order the driver to participate in, and successfully complete, an alcohol or drug education and counseling program, or both an alcohol and a drug education and counseling program. Except in unusual cases where the interests of justice would be served, a finding making this section applicable to a defendant shall not be stricken pursuant to Section 1385 of the Penal Code or any other provision of law. If the court decides not to impose the additional and consecutive term, it shall specify on the court record the reasons for that order.

(d) The additional term provided in this section shall not be imposed unless the facts of driving in a manner prohibited by Section 23103 and driving the vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, are charged in the accusatory pleading and admitted or found to be true by the trier of fact. A finding of driving in that manner shall be based on facts in addition to the fact that the defendant was driving while under the influence of alcohol, any drug, or both, or with a specified percentage of alcohol in the blood.

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

Chemical Tests: Blood, Breath, Urine

Chemical Tests: Blood, Breath, Urine

Once a person is placed under arrest for driving under the influence of alcohol or drugs, they are to be told that they have a choice of chemical tests that they must take. According to California’s “implied consent” law, the person arrested has a choice of taking a blood or breath test if the arrest is alcohol related, or taking a blood or urine test if the arrest is drug related. There is no right to take a urine test for alcohol related DUI, unless it is suspected that the driver has a combination of alcohol and drugs in their system. There is no right to consult with a lawyer prior to taking the test.

Title 17 of the California Code of Regulations sets out the requirements for proper chemical testing in California. Where these standards are violated, the result of the test is unreliable, and should not be the basis for a D.U.I. conviction.

Where the sample is blood or urine, your defense lawyer can and should get the sample tested by an independent laboratory.

Where the accused refuses to take a blood, breath or urine test, this refusal can be used as evidence that the accused was conscious of their guilt. California DMV will also use this refusal to suspend or revoke the suspect’s driver’s license and the refusal can also be used to enhance the punishment in the event of a conviction.

Please, whether your case involves a refusal or a chemical test of your blood, breath, or urine, contact an experienced Los Angeles DUI lawyer for a consultation before you even consider a guilty plea. Many cases that seem hopeless can be successfully defended.

California Vehicle Code VC 23548 – Conditions of Probation: Third Conviction Within Ten Years

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 23222 – Possession of Marijuana or Open Container While Driving

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

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 23100 – Application of Chapter

California Vehicle Code VC 23100 – Application of Chapter

23100. The provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State unless expressly provided otherwise.

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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.