Sacramento Criminal Defense Lawyer Blog

The arrest in May of Sacramento Kings star Tyreke Evans for driving 130 miles an hour on Interstate 80 threw a spotlight on speeding and reckless driving on Sacramento's freeways - and the penalties that come with a conviction. The Sacramento Bee's Tony Bizjak published an article on Monday detailing the surprising number of people cited for excessive speed (Vehicle Code 22348) and reckless driving (Vehicle Code 23103). It turns out that over 80 people were issued citations by CHP for driving in excess of 100 MPH in May and June on freeways in Sacramento and Stockton.

Speeding and reckless driving convictions come with costly penalties. VC 22348 says that a first conviction for excessive speed (over 100 miles per hour) results in a $500 fine and loss of driving privileges for 30 days, with the amount fines and length of license suspension increasing with each conviction. A reckless driving conviction under VC 23103 can be punished by up to 90 days in county jail and/or fines up to $1000.

If you've been cited for excessive speed or reckless driving, contact the Law Office of Nancy King at (916) 442-1200 for a free consultation.

Triple Digit Speeders Surprising in Number, CHP Figures Show, Sacramento Bee, August 9, 2010

Effective July 1, 2010, Vehicle Code Section 13352 was amended to incorporate the provisions of SB 598 and SB 895, laws enacted by the legislature and governor providing for shorter license suspension periods for 2nd and 3rd DUIs in exchange for installation of Ignition Interlock Devices. It is important to remember that this is a statewide law and is distinct from the Ignition Interlock Device test program that is being run in Sacramento, Los Angeles, Tulare, and Alameda counties. Click here for details on that program, detailed in VC 23700.

VC 13352(a)(3) states that drivers convicted of a second DUI within a ten year period may get a restricted license after 90 days if they install Ignition Interlock Devices (IID) on their vehicles. (A restricted license allows driving to and from work and in the course of employment, and to and from DUI related education classes.) If IIDs are not installed, the term of license suspension is two years.

VC 13352(a)(5) states that drivers convicted of a third DUI within a ten year period may get a restricted license after six months if they install IIDs on their vehicles. If IIDs are not installed, the term of suspension is three years.

Driving under the influence offenses that involve reckless driving, drugs, injuries, or factors can result in enhanced penalties.

The following requirements must be met to qualify for a restricted license under VC 13352:

• Proof of enrollment in, and continuing satisfactory participation in, an 18 month or 30 month DUI education program;
• Proof of installation of an Ignition Interlock Device;
• Proof of insurance;
• Payment of all related fees and of all administrative costs associated with the new law's provisions.

As mentioned in previous blog posts, we are still waiting for a statement from DMV about to whom precisely the law will apply. We will post that information as soon as it becomes available.

If you have questions about this new Ignition Interlock Device law, contact the Law Office of Nancy King at (916) 442-1200.

The Department of Motor Vehicles has posted on its website a memo that outlines how it will handle the Ignition Interlock Device test programs that will take effect on July 1 in Sacramento, Tulare, Alameda, and Los Angeles counties. [Click here to read a summary of the new law's provisions.]

The memo states that "The new law - passed by the Legislature and signed by Governor Schwarzenegger in 2009 -- prohibits an offender from being issued or reissued a driver license by DMV following a suspension or revocation for any DUI violation in a pilot county that occurs on or after July 1, 2010, until an offender provides proof of IID installation and pays a $45 administrative service fee, in addition to meeting all other reinstatement requirements."

Note that DMV is taking the position that the test program applies only to violations that take place on or after the law takes effect on July 1.

We will monitor this issue and let you know if this changes. Also, we will watch for DMV's policy regarding the other ignition interlock device (IID) law that takes effect throughout the state on July 1 as well. That new law provides repeat DMV offenders the option to get a restricted license sooner than has been allowed under existing law if IIDs are installed on all vehicles driven by the convicted person.

"Ignition Interlock Law Takes Effect July 1 - Five-year pilot would study effectiveness in selected counties," Department of Motor Vehicles

SB 895 - legislation intended to clarify the law pertaining to obtaining a restricted license after conviction of a DUI - was signed by Governor Schwarzenegger on Tuesday. As of July 1, people convicted of a 2nd DUI within a 10 year period will be eligible for a restricted license after 90 days, and people convicted of a 3rd DUI within a 10 year period will be eligible after 6 months. These requirements must be met:

• Proof of enrollment in a driving-under-the-influence education program;
• Installation of ignition interlock devices on vehicles used by the convicted person, who is responsible for all installation costs;
• Proof of insurance;
• Payment of all pertinent fines and fees;
• Payment of administrative costs to the DMV for oversight of the installation.

Click here for more information on these new rules regarding DUI.

Click here for the text of SB 895.

Contact the Law Office of Nancy King if you have questions about this topic or others covered in our blog.

Last year the California legislature and Governor Schwarzenegger passed a law (SB 598) that would give people convicted of 2nd and 3rd DUIs the option to obtain a restricted driving license sooner than under existing law if they agreed to install ignition interlock devices (IIDs) on their vehicles. (Ignition interlock devices require the driver to blow into a device that tests for alcohol on the breath. If any alcohol is present, the vehicle will not start.) Because of ambiguity in the law's text, however, "clean up" legislation has been introduced to clarify the law's intent.

The confusion stems from the fact that in California people convicted of DUI face two separate processes that can result in suspension of driving privileges. The first takes place in the courts, which upon conviction of Vehicle Code 23152 (a) or (b) can suspend a driver's license. The second takes place through the Department of Motor Vehicles, which through an Administrative Per Se hearing can also suspend a driver's license for driving with a blood alcohol content of 0.08% or higher.

The language of SB 598 focuses on court proceedings and omits mention of the DMV process. SB 895 has therefore been introduced to fix this oversight. Passage of the legislation appears imminent.

What this means is that people convicted of a second DUI within a 10 year period will have the option of getting a restricted license 90 days into their license suspension period if they agree to install ignition interlock devices on their vehicles. People convicted of a third DUI with a 10 year period will have the option of getting a restricted license 6 months into their license suspension period if they install IIDs. A restricted license allows driving related to employment and to and from alcohol education classes.

Our understanding at this time is that the new law will apply only to arrests made on or after July 1, 2010. [Note: This issue remains unsettled as of 6/15/10. We will update the blog as information becomes available.]

If you have questions about this topic, or others covered in our blog, contact the Law Office of Nancy King at (916) 442-1200.

Last year the California legislature and the governor enacted a new law that establishes test programs in Sacramento, Tulare, Alameda, and Los Angeles counties requiring the installation of Ignition Interlock Devices on vehicles used by people convicted of DUI. (Click here for a summary of the bill's provisions.) That bill (AB 91) has been codified as Vehicle Code section 23700 and has been funded through a grant from the Office of Traffic Safety.

As of this date, the new law will apply only to DUI violations that occur on or after July 1, 2010. What that means is that citations for DUI that occur on or before June 30 will not be subject to the new law even if the conviction occurs after the law takes effect. It also means that people who receive DUI citations in the next month should not feel compelled to resolve their cases before the new law takes effect to avoid the IID requirement.

If you have any questions about the new law or other DUI codes, call the Law Office of Nancy King at (916) 442-1200.

With abundant rain this winter, California's lakes, reservoirs, and rivers are quickly filling up. And as the weather gets warmer, more people will take out their boats for a relaxing day on the water. Everyone who enjoys boating, though, needs to keep in mind California's strict laws regarding boating under the influence of alcohol or drugs.

Harbors and Navigation Code 655 lays out the rules regarding operation of watercraft in the California. This law makes it:

• A crime to operate a recreational vessel with a blood alcohol content of 0.08% or higher.
• A crime to operate a commercial vessel with a blood alcohol content of 0.04% or higher.
• A crime to operate a water ski or aquaplane after ingesting any amount of alcohol or drug.
• A crime to use a water ski or aquaplane in a "reckless or negligent manner" that poses a danger to others.

Many people assume that they get a free pass from law enforcement when consuming alcohol on the local rivers because it's not illegal to have an open container on a boat. The reality is different though. BUI is considered especially dangerous because of the speeds that boats can attain, the difficulty of stopping a boat quickly, and the lack of distinct lanes of traffic compared to streets and freeways.

Penalties for BUI are severe with fines up to $1000 and jail time of up to six months. In addition, though a 2008 California Supreme Court case made it clear that the DMV is not allowed to suspend a person's automobile driver's license for conviction of a BUI, a BUI conviction can be counted as a "prior" if the person is arrested for DUI within the next 10 years.

The sheriff's department of each county is responsible for patrolling waterways in its jurisdiction. The Sacramento Sheriff's Department, for example, oversees the Sacramento River north of downtown Sacramento all the way down through the delta region at the county's southern border. The Yolo County Sheriff's Department covers the Sacramento River, Cache Canyon, Putah Creek, and other waterways within the county. The Yolo Sheriff's Department just announced, in fact, that it is using a grant from the state to purchase additional watercraft for law enforcement and rescue operations.

If you have been arrested for boating under the influence, call Nancy King at (916) 442-1200 for a free and confidential consultation.

A new California law gives state residents convicted of second and third DUIs a new option that allows them to obtain a restricted license sooner than under previous law.

Until now, penalties for a 2nd DUI included a mandatory one-year suspension of driving privileges, while a 3rd DUI had a mandatory two-year suspension.

SB 598, which takes effect July 1, 2010, allows people to reduce the suspension time if they agree to have an Ignition Interlock Device (IID) installed on their vehicles and maintain enrollment in a DUI education program. Specifically, someone convicted of a 2nd DUI could get a restricted license after 90 days and someone convicted of a 3rd DUI could get a restricted license after 6 months.

IIDs require that a person blow into an alcohol detection device before starting a vehicle; if any alcohol is detected, the vehicle will not start. Restricted licenses allow people to drive in the course of their employment and to and from their alcohol education classes.

[Update: Our reading of the law as of June 11, 2010, is that it will apply to people arrested on or after July 1, 2010, when the law takes effect. That could change, though, as the law's implementation date nears and different state officials have input. - See the June 11 post for additional information.]

The full text of the bill, which amends California Vehicle Code 13352, can be accessed by clicking here.

If your license has been suspended because of a DUI, call the Law Office of Nancy King to learn about your options under this new law.

You can also read about AB 91 - the law which creates an IID test program in Sacramento, Los Angeles, Alameda, and Tulare counties - by reading our October 13 and 14 posts.