Sacramento Criminal Defense Lawyer Blog

The Wall Street Journal earlier this week published an interesting story that outlined technology that might be incorporated into future vehicles to improve highway safety. Some cars already have rear facing cameras and devices that warn drivers when they drift out of their lanes. But there are many other possible innovations, including technology that allows vehicles to communicate data about position and speed with one another and then warn drivers when the danger of a collision rises.

From the point of view of criminal law, the most interesting developments center on new technologies that would detect when a driver's blood alcohol percentage is above the legal limit of 0.08%. Current technology requires that drivers blow into a car-mounted breathalyzer, and these devices are installed only when mandated by law after conviction for DUI. The new devices might be able to scan the driver's skin using an infrared beam to check the amount of alcohol in the blood.

These innovations are still years away from being installed in vehicles. And once they are available, there are still privacy concerns that need to be debated. For example, would they be standard equipment on all vehicles?

If you have been arrested for driving under the influence, contact an experienced defense attorney to ensure that your rights are protected and you present the most effective defense.

If you end up with a conviction, however, and your arrest took place in Sacramento County, you will have to comply with Vehicle Code 27000, which requires people convicted of DUI in Sacramento, Los Angeles, Alameda, and Tulare counties to install ignition interlock devices (IID) on their vehicles. This pilot program will remain in effect through 2016, at which time the California legislature will determine whether it should be implemented throughout the state.

It's important to note that the Department of Motor Vehicles does under certain circumstances grant exemptions to the IID requirement. Specifically, you will not have to install an IID if: you do not own a vehicle; do not have access to a vehicle at your residence; and do not have access to the vehicle used when you were arrested.

There is a significant limitation to this exemption: You do not qualify for the exemption if you own a vehicle that does not run or for which you have an approved PNO (planned non-operation).

If you operate an employer provided vehicle in the course of your employment, you may continue to do so without having an IID installed in that vehicle as long as you notify the employer that your driving privilege has been restricted pursuant to VC 23700.

A variety of new laws took effect in California as of January 1, 2011. These include:

• Marijuana - Under SB 1449, possession of less than an ounce of marijuana is now classified as an infraction - like a parking ticket. It still comes with a $100 fine but cannot be included on someone's criminal record.
• Motorcycles - People under the age of 21 who want to obtain an instruction permit must first complete a motorcycle safety course. The permit must than be held for six months before a class M motorcycle license is issued.
• Impersonating someone online - SB 1411updates California's laws regarding impersonation to take into account activity on the internet. It is now a misdemeanor to harm, intimidate, threaten, or defraud a person while impersonating someone else through email or a social networking site.
• Truancy - SB 1317 allows law enforcement agencies to file misdemeanor charges against parents of truant elementary school children if it's determined that the parents did not reasonably supervise their children and encourage them to attend school.