Police agencies in California will no longer be able to freely impound cars from sober but unlicensed drivers who are stopped at drunk-driving checkpoints under legislation signed Sunday by Gov. Jerry Brown. Under the new law written by Assemblyman Gil Cedillo (D-Los Angeles), if a sober driver is caught at a DUI checkpoint without a valid license, law enforcement officers must release the car to a qualified driver representing the registered owner. In cases where a legal driver is not readily available, AB 353 says, the vehicle is to be released to one later at the impound yard.
Some CA lawmakers have alleged that sobriety checkpoints have been misused by some cities to unfairly target illegal immigrants who do not have a driver’s license. Because cities can hold cars taken from unlicensed drivers for 30 days, the accumulated impound fees can turn out to be more than the car is worth, resulting in some drivers losing their cars.
Monday, October 10, 2011
Saturday, October 8, 2011
Step by Step Process to Get Your Drivers License After a DUI in CA
The purpose of this article is to explain the process to obtain your drivers license following the Court disposition of your case. You will likely receive a letter from the California DMV that explains your license is suspended as a result of the Court conviction, however if you read the letter carefully it explains that you may immediately obtain a restricted license. The following is what you must do:
1. Obtain proof of insurance by way of an SR-22 that must be filed with the DMV. This is done electronically directly from the company to the DMV. It is best to do this as soon as possible.
2. Get enrolled in the Court ordered alcohol education program. The program will file the enrollment with the DMV, confirm with them that they have done so.
3. If the offense occurred in Los Angeles, get an Ignition Interlock installed in your car, for help with this contact an IID provider, let him know an attorney represented you and you will receive a discount off the normal fee.
4. Pay the re-issue fees to the DMV at any field office. Usually there a two fees, one for the Court reinstatement and one for the APS reinstatement.
5. Lastly, you must wait the mandatory period of time following the imposition of the “APS” suspension following the DMV hearing, APS order. This is no longer than 30 days, however, the period of time can be shorter if the hearing officer grants our request for a “back credit”. To determine this time period look at the start date of the suspension on the DMV decision, it is 30 days after that “start date”. In some cases the DMV hearing decision will have not yet been mailed by the time the Court case is resolved, in these cases you must wait for the outcome of the DMV hearing before your license will be returned.
1. Obtain proof of insurance by way of an SR-22 that must be filed with the DMV. This is done electronically directly from the company to the DMV. It is best to do this as soon as possible.
2. Get enrolled in the Court ordered alcohol education program. The program will file the enrollment with the DMV, confirm with them that they have done so.
3. If the offense occurred in Los Angeles, get an Ignition Interlock installed in your car, for help with this contact an IID provider, let him know an attorney represented you and you will receive a discount off the normal fee.
4. Pay the re-issue fees to the DMV at any field office. Usually there a two fees, one for the Court reinstatement and one for the APS reinstatement.
5. Lastly, you must wait the mandatory period of time following the imposition of the “APS” suspension following the DMV hearing, APS order. This is no longer than 30 days, however, the period of time can be shorter if the hearing officer grants our request for a “back credit”. To determine this time period look at the start date of the suspension on the DMV decision, it is 30 days after that “start date”. In some cases the DMV hearing decision will have not yet been mailed by the time the Court case is resolved, in these cases you must wait for the outcome of the DMV hearing before your license will be returned.
Monday, September 5, 2011
The Right To Rehabilitation for a DUI in California
In California, as is the case in many other states, the court must inform the defendant, either orally or in writing, of his or her right to apply for relief from all penalties and disabilities resulting from a misdemeanor DUI conviction after the passage of one year from the date of pronouncement of judgment, or longer if the defendant enters into a plea bargain with the prosecution. This right is sometimes referred to as an expungement. According to one Tehachapi DUI Attorney, this right to relief is available provided the defendant successfully performs his or her sentence and leads a law-abiding life during that period under Penal Code Section 1203.4a. Relief is afforded by permitting the withdrawal of a plea of guilty or no contest or by setting aside a verdict of guilty and dismissing the accusatory pleading. In DUI cases, the right is limited somewhat to a Judges discretion, unlike other misdemeanor crimes. Defendants convicted of an infraction are not entitled to relief under Pen C §1203.4a. Pen C §1203.4a(b). A defendant who is granted probation on a DUI may apply for relief from all penalties and disabilities resulting from the conviction on the successful completion of probation which under CA law is a minimum of 36 months. Notice of this right to relief must be contained in the defendant’s probation papers
Saturday, September 3, 2011
The Types of Probation in California DUI Cases
In California, the Court may impose two different types of probation in DUI cases, either formal or informal:
(1) Formal probation. Formal probation is the suspension of the imposition or execution of sentence and the order of conditional and revocable release into the community under the supervision of a probation officer.
(2) Informal Probation. A conditional sentence, also referred to as court or summary probation, is the suspension of the imposition or execu-tion of sentence and the order of conditional and revocable release into the community subject to the conditions of the court without the supervision of a probation officer. A conditional sen-tence may be pronounced without referring the case to the probation officer. Pen C §1203b. If the case is not referred to the probation officer, the court may consider any information concerning the defendant that could have been included in a probation report.
A conditional probationary sentence on a DUI case places greater responsibilities on the Judge than formal probation, requiring the court to perform two distict functions normally carried out by the probation officer. First, the court must furnish the defendant a written statement of the terms and conditions of the probation. Secondly, it must order the defendant to report to the court, so that the probationer's conduct may be supervised.
(1) Formal probation. Formal probation is the suspension of the imposition or execution of sentence and the order of conditional and revocable release into the community under the supervision of a probation officer.
(2) Informal Probation. A conditional sentence, also referred to as court or summary probation, is the suspension of the imposition or execu-tion of sentence and the order of conditional and revocable release into the community subject to the conditions of the court without the supervision of a probation officer. A conditional sen-tence may be pronounced without referring the case to the probation officer. Pen C §1203b. If the case is not referred to the probation officer, the court may consider any information concerning the defendant that could have been included in a probation report.
A conditional probationary sentence on a DUI case places greater responsibilities on the Judge than formal probation, requiring the court to perform two distict functions normally carried out by the probation officer. First, the court must furnish the defendant a written statement of the terms and conditions of the probation. Secondly, it must order the defendant to report to the court, so that the probationer's conduct may be supervised.
Sunday, August 14, 2011
Kern County DUI Attorney Explains Timing of Convictions in a DUI Case
In California a DUI driver faces harsh penalties when they have priors for driving under the influence and are arrested on a new case. The Legislature has declared that the timing of court proceedings should not permit a defendant convicted of a violation of Veh C §23152 or §23153 to avoid enhanced mandatory minimum penalties for multiple separate offenses occurring within a ten-year period. Veh C §23217. California lawmakers have expressed intent that a defendant should be subject to these enhanced penalties regardless of whether the convictions were obtained in the same order in which the offenses were committed. Veh C §23217. See People v Snook (1997) 16 C4th 1210, 1213, 69 CR2d 615 (applying statute and finding it constitutional). According to one Kern County DUI Attorney, the current offense and the separate violations resulting in convictions must all occur within a ten-year period. See People v Munoz (2002) 102 CA4th 12, 16–20, 125 CR2d 182 (defendant wrongfully charged with a violation of Veh C §23152 punishable under Veh C §23550 (then requiring priors within seven-year period) that occurred in 1996, despite convictions for violations that occurred in 1990, 1997, and 1998; although all three separate violations occurred within seven years of the current offense, the three violations were themselves more than seven years apart).
Saturday, August 13, 2011
How to Challenge Identity For a Traffic Ticket
A person may contest a charge by claiming under penalty of perjury not to be the person to whom the notice to appear was issued when identification was made by thumbprint or fingerprint. The person must submit a thumbprint or fingerprint for comparison with the thumbprint or fingerprint on the notice. The traffic court may refer the print submitted together with the print on the notice to the prosecuting attorney for comparison. If there is no fingerprint on the ticket or a comparison of the prints is inconclusive, the court must refer the notice back to the issuing agency for further investigation, unless it determines that a referral is not in the interest of justice. Vehicle Code §§40303(c), 40305(b), 40500(e), 40504(c). According to one Kern County Speeding Ticket Attorney, this process will result in the continuance of the case and tolling of the speedy trial period for 45 days. Veh C §§40303(c)(2), 40305(b)(2), 40500(e)(2), 40504(c)(2). The court may make a finding of factual innocence under Penal Code §530.6 if the Judge determines there is insufficient evidence that the person cited is the person charged or if the prosecuting attorney or agency does not respond within 45 days. Except in the latter case, the court may determine that a finding of factual innocence is not in the interest of justice. This process is available for most speeding tickets but not for DUI or misdemeanor charges.
Saturday, July 30, 2011
Will a Wet Reckless Conviction Require an IID?
In a few counties in the state of California a conviction for a DUI will require the installation of an ignition interlock device or "IID" in the car. There are currently few exceptions to the rule and Los Angeles County participates in the pilot program However, one question that folks have is whether an IID will be required for wet reckless pleas, the answer is no. Fortunately, the law does not compel the devices for wet reckless offenders at this time. The DMV will not send the people any letter requiring the machines.
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