California

California Penal Code § 185 PC makes it a crime to wear a mask or disguise to evade police after committing a crime. A conviction is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00. The law also makes it a crime for a person to wear a mask to …

California Penal Code § 20910 PC makes it a misdemeanor offense to manufacture, import, sell, give, lend, keep for sale, or even possess a writing pen knife (that is, a device that looks like a writing pen but has a knife concealed inside it). The language of the statute reads as follows: 20910. Except as …

DUI: How much will my car insurance go up?Watch this video on YouTube 1. How much does a DUI raise my insurance in California? Driving under the influence of alcohol or drugs causes car insurance rate increases of up to 148%. If you have repeat DUI offenses, you may see your car insurance premiums double …

DUI checkpoints have mostly been upheld as legal in California. Nevertheless, if you are arrested at a DUI sobriety roadblock, you may be able to challenge your arrest on constitutional grounds. While the police do not need probable cause to stop you at a checkpoint, the checkpoint itself must meet certain requirements under both the …

Playlist: California DUI With a Commercial Driver's License – Vehicle Code 23152(d) VCWatch this playlist on YouTube Vehicle Code 23152(d) VC is California’s “commercial DUI” law. It makes it a crime to drive a commercial vehicle with a blood alcohol concentration (“BAC”) of .04% or higher.1 A first-time conviction carries up to six months in jail, $390 to $1,000 …

A declaration of non-ownership is a form completed with the DMV asserting that the person does not own a vehicle. If approved, it can exempt a person from having to install an ignition interlock device. It can also be used to defend against traffic or a parking tickets. The purpose of the form will determine where it needs to be sent. In …

If you have diabetes, you may find yourself unfairly charged with DUI as a result of either hypoglycemia or ketosis–or both. Diabetics often experience hypoglycemia–the condition in which one’s blood sugar is too low.1 The symptoms of hypoglycemia can look a lot like those of intoxication–and can lead an officer to suspect you of VC 23152(a) driving …

California Penal Code § 374.3 PC defines the crime commonly referred to as illegal dumping. This section prohibits the unauthorized disposal of garbage, waste, and other matter on public or private property. Examples After a full day of trimming trees and bushes, Terry’s Landscape Company discards the debris upon a public park; Kyle and his …

Will I lose my driver’s license because of a DUI arrest? If so, for how long? Can a California DUI attorney prevent my driver’s license from being suspended? If my license does get suspended, when and how can I get a restricted license? We will attempt to answer all of these questions in the section …

Driving without an ignition interlock device (IID) in violation of a court order is a DUI probation violation. You will likely be arrested, and a probation violation hearing will be set. At the hearing, the judge may tighten the terms of your probation. You may also be fined. The judge can also sentence you to jail. That jail sentence can include …

The walk and turn test is a standardized field sobriety test (FST) that police frequently administer in order to detect whether a DUI suspect is under the influence of alcohol and/or drugs.1 The test is also sometimes referred to as the nine-step test, the nine-step walk turn, the DUI straight-line test, or DUI walk the …

A plea bargain in a DUI case is a negotiated alternative to taking a case to jury trial. It typically involves either: A sentence reduction, or A charge reduction. To get a sentence reduction, you plead guilty or “no contest” to driving under the influence. In exchange, you receive a set of agreed-upon penalties. This …

Penal Code 193.8 PC prohibits an adult from relinquishing a motor vehicle to a minor when: the adult knows the minor is intoxicated, the minor has previously been convicted of certain crimes (such as reckless driving or DUI); or the minor is otherwise not lawfully allowed to drive. Examples a woman gives her car keys …

DUI of marijuana is operating a motor vehicle when your driving ability is impaired from being under the influence of the drug. While the recreational use of marijuana is now legal in a number of states, including California, DUI of marijuana remains a crime across the United States. In California, the penalties for DUI of …

The crime of vehicular manslaughter while intoxicated under California Penal Code 191(b) PCWatch this video on YouTube Penal Code 191.5(b) PC is the California statute that defines the crime of vehicular manslaughter while intoxicated. People commit this offense when they drive under the influence and engage in some additional negligent act that results in another …

Falsely Accused of Kidnapping? A Former D.A. Explains 3 Common DefensesWatch this video on YouTube California Penal Code § 207 PC defines the crime of kidnapping as moving another person a substantial distance, without the person’s consent, by means of force or fear. Simple kidnapping is a felony punishable by up to 8 years in state prison. …

Penal Code § 210.5 PC sets forth the crime commonly known as taking a human shield. This means falsely imprisoning a hostage as a means of avoiding capture or arrest. A conviction is a felony punishable by up to 8 years in state prison. The language of the code section states that: 210.5. Every person who commits …

Playlist: Exhibition of Speed and Street TakeoversWatch this playlist on YouTube Under California Vehicle Code 23109(c) VC, an exhibition of speed is a traffic violation that can be charged when you accelerate to a dangerously high rate of speed, often done for amusement or to draw the attention of bystanders. The act is also commonly …

The DUI finger count test is a non-standardized field sobriety test (FST).  Law enforcement officials administer the test in order to determine whether a DUI suspect is under the influence of alcohol and/or drugs.1 During the administration of the finger count test, the DUI suspect is to: Put one hand in front of him/her with …

The finger-to-nose test is a common field sobriety test (FST) that some law enforcement officers administer in order to assess whether a DUI suspect is under the influence of alcohol and/or drugs.1 During the finger to nose test, the DUI suspect is required to: Bring the tip of the index finger up to touch the …