Habitual Traffic Offender in California: Vehicle Code 14601.3
The California law known as Vehicle Code 14601.3 VC defines a habitual traffic offender as anyone who drives with a license that is suspended or revoked and racks up too many points on their DMV record. Traffic infractions and vehicular offenses like DUI and dangerous driving result in the accumulation of points. A driver might become an HTO if they have a history of driving while their license is suspended or revoked. When a driver accumulates points on his DMV record, a history is generated.
What Constitutes a Habitual Traffic Offender Under California law?
To establish that a person is a habitual traffic offender under this section, the prosecution must establish the factors listed below:
- The defendant operated a motor vehicle
- If defendant had his or her driving privileges previously been suspended or revoked
- The defendant was aware of this suspension or revocation
- following the suspension or revocation, the defendant suffered
The DMV is believed to have mailed the driver a notice of a suspension or revocation if the third criterion listed above, knowledge, is present. As a result of the fourth requirement above, the convictions need not be the result of distinct offenses.
Exist Any Arguments Against Vehicle Code 14601.3 VC?
A person charged of this crime may refute the charge by making a legal argument. A strong defense frequently results in a charge being dropped or reduced. Please be aware, however, that in order to have the best defense possible, an accused person must retain legal counsel. There are three typical defenses put forth by the defendant:
- had no idea that their license had been suspended
- acting was necessary
- was wrongfully detained.
No Notice or Knowledge of License Suspension
Remember that in order to be prosecuted with a violation of Vehicle Code 14601.3, a person must be aware that their driving privileges have previously been suspended or revoked. A driver normally learns about a suspension or revocation by receiving a notice from the DMV via regular mail.
Thus, a solid defense is for a person to assert that he never received proper notice, and therefore, had no knowledge that his license was in fact suspended or revoked.
Necessity
A defendant who asserts a necessity defense effectively tries to disprove his guilt by demonstrating that he had a compelling enough cause to do the offense. This defense is occasionally referred to as "guilty with an explanation." An accused person facing allegations of habitual traffic offenses may try to prove that he was forced to drive with a license that was suspended or revoked or commit a moving infraction (e.g., because of an emergency).
Untrue Arrest
Accidents and traffic violations frequently occur rapidly. As a result, it can be quite challenging to locate eyewitnesses who can support accusations made under VC 14601.3. This may result in erroneous identifications of offenders and fraudulent arrests. Therefore, charges should be dropped if the prosecution cannot establish beyond a reasonable doubt that the defendant committed the crime or was the cause of the accident.
What are the Fines and Prison Terms?
Depending on how many convictions the defendant has under Vehicle Code 14601.3, they may be subject to additional penalties for habitual traffic offenders. After their initial conviction, a defendant gets:
- 30 days spent behind bars in a county jail.
- A $1,000 fine.
Any subsequent offense that occurs within seven years of a prior conviction, or a second conviction, results in:
- 180 days behind bars at a county jail.
- A $2,000 fine.
Charges concerning habitual traffic offenders are connected to the following offenses:
- Driving while your license is revoked: VC 14601.
- VC 12500 - Driving without a license (a).
- VC 12951 refers to failure to produce a driver's license.
Glendale Personal Injury Lawyer
Call our law office for a free consultation if you or someone you know has been charged with breaking California Vehicle Code 14601.3. Please feel free to give our office a call at 310.943.1171.
Related Articles
View All Posts
What is a DUI?
DUI means driving under the influence of alcohol or any substance that impairs one’s ability to drive.
What Happens to First-Time Offenders?
A first time offender is someone who has never received a DUI in the past ten years. Should you face a first-time DUI charge in California, you likely face a misdemeanor charge punishable by 3 to 5 years of probation and up to $1,000 in fines. You will also likely have your driver’s license suspended and need to take rehabilitation classes, such as DUI school.
What Happens After Receiving a DUI?
Once you are arrested for a DUI, you will face a criminal trial and/or a DMV hearing.
- Criminal Trial
Here, the prosecutor has discretion as to whether to charge the defendant as well as on what and on how many counts. Keep in mind that a criminal charge is difference from a DMV hearing in that criminal court is mandatory. In other words, it is important that the defendant be present for the entirety of their criminal case.
- DMV Hearing
A DMV hearing is separate from a criminal trial and is not automatic. The defendant may choose to request this hearing within the first ten (10) days from their arrest date should the defendant choose to challenge the automatic driver license suspension.
California Vehicle Code Section 23152(a)
Under this section, it is unlawful for a person under the influence of alcohol to drive. Prosecutors may charge the defendant for signs of intoxication, using circumstantial evidence like swerving, slurred speech, and failing the field sobriety test.
Possible Defenses to a California DUI Charge
A defendant may be able to counter a Vehicle Code Section 23152(a) charge by showing that the accident occurred for non-alcoholic reasons. Consider health conditions as well. For instance, a person who suffers from type 1 diabetes may be able to show that they were in fact experiencing an insulin shock or hypoglycemia and therefore why they showed similar symptoms such as dizziness, shakiness, confusion, and poor coordination.
Additional Consequences of a First DUI in California
While a first DUI offense is generally classified as a misdemeanor, it can have serious and lasting consequences. In addition to:
- fines
- probation
- driver's license revocation
The court may impose additional requirements on the defendant. For example, it may be mandatory to attend an alcohol abuse program. As well as participation in community service. In addition, even a first DUI conviction can affect employment. Especially if the job involves driving or requires a professional license. Some employers conduct periodic criminal background checks. A DUI may affect the hiring decision.
Administrative and Civil Consequences
It is important to realize that a DUI has not only a criminal component, but also an administrative component. If you do not request a DMV hearing within 10 days, your license will be suspended. The length of this suspension can range from 4 to 10 months, depending on the specific circumstances. In certain cases, if the DUI resulted in an accident with injuries, it is possible to file a civil lawsuit. This may result in additional financial obligations, including compensation for damages and moral injury.
Aggravating Factors for a First Offense
Although this is a first offense, the court may increase the sentence if there are aggravating factors. Such circumstances include:
- having passengers under the age of 14 in the vehicle
- exceeding the legal blood alcohol limit
- being involved in an accident resulting in bodily injury
- refusing to submit to a breathalyzer test upon arrest
The presence of one or more of these factors may result in more severe penalties. These include:
- longer imprisonment
- Increased fines
- mandatory installation of an IID, even on a first conviction
Why You Should Contact a DUI Lawyer
Many people believe that when it comes to a first offense, it is best to simply admit guilt and accept the punishment. However, this may be a mistake. There are several defenses available, including:
- challenging the accuracy of the breathalyzer test
- evidence of an improper stop by the police
- medical or physiological reasons that affected the driver's behavior
- failure of law enforcement officers to follow protocol
An experienced DUI lawyer can:
- identify procedural errors
- reduce charges
- obtain a complete acquittal
Glendale DUI Attorney
The attorneys at KAASS LAW carefully analyze the circumstances of each case and build a defense strategy to protect their client's rights. If you are facing a first-time DUI charge in California, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys can help you understand the legal details and offer the best solution for your situation.
The Vehicle Identification Number (VIN) permanently identifies the vehicle on the road. It can be both a motor number, a serial number, or other distinguishing information. Its main purpose is a registration of the motor vehicle in the Department of Motor Vehicles, DMV, or its tracking. The VIN usually appears in visible places on the motor vehicle, such as a metal plate attached to the dashboard, and in hidden locations like the engine frame. California law makes it a crime to intentionally or knowingly alter or destroy a vehicle identification number (VIN) or misrepresent the vehicle's identity for selling or transferring it.
Vehicle Code section 10802 Tampering with a Vehicle Identification Number (VIN)
California Law criminalizes several actions that aim to hide or destroy VIN for different purposes. This article will examine California Vehicle Code section 10802 tampering with a Vehicle Identification Number (VIN).
What Actions are Prohibited Under Vehicle Code Section 10802?
To charge the defendant for violating VC section 10802, the prosecutor must prove beyond a reasonable doubt that the defendant committed the following actions with the VIN: The defendant (1) knowingly altered, destroyed, disguised, falsified, forged, removed, defaced, or counterfeited a VIN; (2) with the intent to: misrepresent the identity of, or prevent the identification of a motor vehicle or motor vehicle part; (3) for the purpose of: transfer, sale, import or export.
What are the Penalties for a Vehicle Code 10802 Conviction?
California Vehicle Code section 10802 is known as a "wobbler offense", as such, it can either a be charged as a misdemeanor or a felony. Penalties for a misdemeanor Vehicle Code section 10802 conviction will differ from a felony VC 10802 conviction.
Penalties for a Misdemeanor Vehicle Code section 10802 Conviction
A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:
- imprisonment in a county jail for a term up to one year; and/or
- a fine in the amount of up to $1000
Penalties for a Felony Vehicle Code section 10802 Conviction
A felony Vehicle Code section 10802 conviction carries the following penalties:
- imprisonment in a county jail for a term of 16 month, two year, or three years; and/or
- a fine in the amount of up to $25000
The facts of the case and the offender's history generally decide the type of conviction.
What Are the Possible Defenses for a Vehicle Code Section 10802 Offense
Possible defenses for a vehicle code section 10802 offense may be
You Defaced the VIN Accidentally
For example, you wished to replace your dashboard and accidentally damaged the VIN. You can use this technique as a defense method since you had no intent or purpose to commit the violation described in section 10802.
Someone Has Previously Changed the VIN Prior to You Acquiring the Vehicle
You Didn't Alter the VIN so That it Could be Sold
For example, you tried to hide the stolen car, by damaging its VIN, though you did not have the purpose to export or to sell the car to a third party.
Experienced Criminal Defense Attorney in Glendale
If you or a loved one has been charged with VC 10802 we invite you to contact KAASS LAW today at (310) 943-1171, for a free consultation and case review.
Additional Consequences and Important Nuances
In addition to the basic penalties, a conviction under California Vehicle Code 10802 can have long-term consequences. For example, a criminal record can:
- affect your reputation
- make it more difficult to get a job, especially if it involves driving, logistics, or selling cars
If you are convicted of a felony, the consequences may include:
- disqualification from owning firearms
- difficulty obtaining
- licenses restriction of immigration rights
Additional Circumstances Affecting the Classification of the Offense
The court and prosecutor may consider such factors as:
- prior convictions
- participation in an organized scheme to sell vehicles with counterfeit VINs
- the number of altered or damaged vehicles or parts
If there is evidence of intent and purpose, such as selling cars with counterfeit plates, the act will almost always be classified as a felony.
Other Possible Defenses
In addition to lack of intent and prior VIN damage, defenses may include:
- Inadequate evidence: if the prosecution cannot reliably prove that you personally damaged or altered the license plate
- law enforcement misconduct in gathering evidence
- procedural violation of the arrest or search
Why is It Important to Contact an Attorney?
Because VIN violations can be either accidental or the result of serious criminal schemes, it is important to have an experienced attorney. One who can protect your rights and obtain the most favorable outcome possible. The attorneys at KAASS LAW can help you understand the charges against you. They will evaluate the evidence and present possible defense strategies. If you or a loved one is facing charges under California Vehicle Code 10802, contact KAASS LAW. phone (310) 943-1171 for a free consultation and legal assistance.
The most terrifying of all the California DUI consequences is probably going to jail. Depending on the circumstances, whether it is your first or fourth DUI conviction, you might spend time in jail. Additionally, state jail term is part of several DUI penalties. You must be aware of your particular sentence and understand how to reduce or prevent it.
Can DUI Result in Imprisonment?
Under the Vehicle Code of California, it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Driving under the influence (DUI) is an offense punishable under California law. Like any offense, DUI also has its manifestations. It may be committed under a variety of circumstances, which can both aggravate and mitigate the gravity of the offense. The content of such circumstances compose of the following factors:
- The reasons for the offense;
- The degree of intoxication;
- The multiplicity of the offense;
- The possible or real consequences of the offense;
- The time and place of the offense;
- Other relevant factors.
When "aggravating circumstances" surround your DUI, your punishment will be enhanced. In addition to the standard DUI sanctions, the enhancement includes additional punishments. The following sentence enhancements are most prevalent in California:
- While under the influence, the driver committed a traffic violation;
- An injury is caused third-party;
- There is a causal link between the DUI and an injury;
- The driver has one or multiple prior DUI convictions.
- Your blood alcohol content was extremely high, at 0.15% or higher.
- You declined to submit to a urine, breath, or blood test.
Jail Time
Obviously, if a felony is attributed to the person, he/she will face a stricter penalty as compared with the other ones in the range of penalties envisaged for the particular offense. In this regard, DUI is not an exemption, and it has such harsh penalties as imprisonment in the county jail for a certain period. Almost all DUI offenses may entail a jail sentence in California. Jail time varies upon the nature, frequency, and gravity of the offense. Jail time has its lower and upper limits. According to the Vehicle Code and court practice of California, based on the frequency of the offense jail time for DUIs constitutes as follows:
Frequency
Minimum Jail Time
Maximum Jail Time
1st DUI
48 hours
6 months
2nd DUI (within 10 years)
10 days
Up to 1 year
3rd DUI (within 10 years)
120 days
Up to 1 year
4th (or more) DUI (within 10 years)
180 days
Up to 3 years
The court can credit the convicted with the time he/she served after an arrest. For example, if a driver spent 2 days in jail after a DUI arrest, and further he/she is sentenced to 22 days. His final jail time will be 20 days. Some circumstances can increase the likelihood of applying jail time by the judge while considering the type of penalty. Such circumstances are known as “aggravating circumstances." These include:
- Involvement in an accident;
- High concentrations of alcohol;
- Presence of children in the vehicle;
- Reckless driving;
- Driving at a high speed;
- Using a fake ID;
- Resisting arrest.
Alternatives to Jail Time
Due to the overcrowding in California prisons, the courts are more prone to apply other measures of liability as an alternative to jail time. Also, it may happen in cases when the offense is nonviolent or the defendant is a first offender. Possible alternatives for jail time are:
- Probation period (set of certain oblations and restrictions of certain rights, including DUI school; no drug or alcohol use; community service, IID installation on all vehicles, etc.);
- House arrest;
- Work furlough (allowing to continue to work but to go home immediately after the working hours);
- inpatient drug/alcohol rehabilitation;
- Other
Consult with a California DUI Lawyer
Given the seriousness of DUI penalties, it is important to contact an experienced attorney as soon as possible. A skilled attorney will be able to analyze the details of your case. He or she will be able to identify possible errors in police actions and develop an effective defense strategy. This is especially true if this is your first offense or if there are extenuating circumstances.
Why It is Important to Have a Defense in DUI Cases
Without legal assistance, defendants in DUI cases are often unaware of their rights. Or of possible alternative penalties. For example, an experienced defense attorney can challenge:
- the legality of the motor vehicle stop
- the results of the breathalyzer
- the manner in which the field sobriety test was administered
In addition, an attorney can request that the jail time be converted to alternative measures. Such as:
- house arrest
- a rehabilitation program
- probation with commitment
Contact KAASS LAW
If you have been charged with DUI, do not delay in seeking legal help. Contact KAASS LAW we can help you understand the situation, protect your rights, and minimize the consequences. Call us at (310) 943-1171 for a free consultation.
