Issues with a Breathalyzer Test

Proposition 64 has brought major changes in the state of California. However, it hasn't completely stopped all legal complexities, especially when it comes to driving. While anyone at the age of 21 and over can legally possess and use marijuana within certain limits, operating a vehicle while in possession of it still carries legal challenges. Understanding these layers of law is important for CA drivers so we may avoid any legal penalties. At KAASS LAW, we are committed to providing anything that requires clarifications on these evolving laws. Furthermore, we strive to protect your rights on the road. 

Driving In Possession

Even if you're not actively under the influence while driving, just having it in your vehicle can lead to legal issues, given the circumstances. Here are a couple of violations worth mentioning: 

• VCS 2322:CA has an "open container" law that applies just the same to the possession of marijuana. Furthermore, this means that any cannabis product within the passenger area inside a vehicle cannot open or unseal the container. If not, law enforcement can cite the open container violation against you. 
• Health and Safety Code Section 11357: For individuals under 21, any possession of marijuana in a vehicle is generally illegal and can lead to citations and potential penalties, regardless of whether the container is open or sealed.
• Health and Safety Code Section 11359: If you are in possession of marijuana exceeding the legal limit  of 28.5 grams or show signs of intent to sell (scale, baggies, etc) while in the vehicle, can lead to more serious charges 

DUI

Driving under the influence is a serious charge. You can have a citation for an open container violation even if you're dead sober. However, if law enforcement suspects you are driving impaired, they will conduct a DUI search. These can be stressful and, if convicted or arrested, financially costly, in addition to wasting a lot of your time. 

Can A Police Officer Search Inside Your Car?

A police officer can only search an individual's car if:

• The police officer has a valid search warrant that has been signed off by a presiding judge or
• The police officer is authorized to do so because a valid search warrant exception applies.

What Will Happen If A Police Officer Searches Your Car Unlawfully Inside Your Car?

Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.

Protecting Your Rights: What to Do If Stopped

If you are pulled over and questioned about marijuana in your vehicle, it's essential to remain calm and exercise your rights:

• Be Police: Keep your responses simple and respectful. Also, keep in mind that you do have the right to remain silent. As long as you instruct the police officer at the given time that you're invoking your 5th Amendment rights, this should be fine. 
• Do Not Admit: Even if you believe you're at fault, if asked if you've used marijuana, politely decline to answer. Anything you say can be used against you.
• Do Not Consent to Searches: Unless they have a warrant or probable cause, you have the right to refuse a search of your vehicle. Clearly state that you do not consent.
• Note Details: If a search is conducted against your will, note the officer's name, badge number, or any details.
• Contact an Attorney Immediately: If you are in legal trouble for driving in possession of marijuana or DUI, contact KAASS LAW as soon as possible to understand your rights and legal options.

KAASS LAW: Your Advocate In Marijuana-Related Traffic Offenses

Navigating California's marijuana laws, especially in the context of driving, can be complex. If you're in a legal dilemma for driving in possession of marijuana or a marijuana DUI, it's crucial to have experienced legal representation on your side. At KAASS LAW, we have a thorough understanding of these laws and can provide you with a strong defense. We will:

• Analyze the Evidence: Carefully review the circumstances of your stop and arrest to identify any potential violations of your rights.
• Explore Legal Options: Our legal team can plan and strategize on mitigating the damages of the case, or potentially dropping the charges entirely. We can explore strategies and options on how we can approach with proper and careful planning. 
• Protect Your Driving Privileges: Driving is extremely important. Allow us to secure your privileges and your right to travel.
• Provide Compassionate and Effective Representation: We can get it done, given the opportunity! 

Contact Us

Don't think you can do this alone! Contact KAASS LAW today for a scheduled consultation service. Our office and its expert members can help and discuss your case so we may learn how we can help you navigate the legal complexities of driving in possession of marijuana in California.

California's position on marijuana has modernized and allowed the usage of the substance. What's more, this shows that CA is a lot more lax than its strict rules against it in the past. However, the laws surrounding driving under the influence (DUI) of cannabis are complex and carry serious legal problems if one were to break the law. Whereas recreational and medicinal use is legal for adults, yet on the other, operating a vehicle while impaired by marijuana is strictly prohibited and treated with the same severity as driving under the influence of alcohol. Understanding these laws, your rights, and the potential penalties is crucial for all California drivers. At KAASS LAW, we are dedicated to providing clarity on this critical issue and offering robust legal defense to those facing DUI or marijuana charges.

Vehicle Code Section 23152(f) Driving Under the Influence

Vehicle Code section 23152(f) applies to driving under the influence of marijuana. Under VC Section 23152(f), "an individual is prohibited from driving under the influence of drugs." "Drugs" for purposes of this code section refers to any drugs (both illicit or prescribed) that can impair one's driving abilities. Examples of drugs that apply under this code section include marijuana, LSD, cocaine, and even sleeping pills.  Without a doubt, this is a very serious matter.

Evidence a Police Officer Uses to Determine if a Driver Is Under the Influence of Marijuana

Evidence of driving under the influence of marijuana may include:

• The defendant's performance on Field Sobriety Tests (FSTs);
• Slow reaction time
• Defendant's driving pattern;
• Statements made to the police officer;
• Finding marijuana or drug paraphernalia in the defendant's car or on the defendant
• Dilated pupils
• Red eyes
• The odor of marijuana coming from the defendant
• Dry "cotton" mouth

What Are the Charges for DUI of Marijuana?

Charges associated with DUI of marijuana include:

• First DUI offense
• Second DUI offense
• Third DUI offense
• Misdemeanor DUI with injury
• Felony DUI
• Felony DUI with injury

What are the Penalties for a 1st DUI of Marijuana?

A first DUI charge essentially means that it is the individual's first-time DUI charge (including either drug or alcohol). The possible penalties associated with this first DUI of marijuana include:

• Up to 6 months in jail;
• paying a fine anywhere from $390 to $1,000;
• 3 to 9 months of DUI school; and
• driver's license revoked for 6 to 10 months

What are the Penalties for a 2nd DUI of Marijuana?

A Second DUI charge essentially means that it is the individual's second DUI charge (including drug or alcohol). The possible penalties for this second-time offender include:

• 96 mandatory hours in county jail to a maximum sentence of one year;
• paying fines from $390 to $1,000, 30 months of DUI school; and
• driver's license revoked for 2 years

What are the Penalties for a 3rd DUI of Marijuana?

If a Third DUI charge means an individual's third DUI charge (including either drug or alcohol). The possible penalties for this offense include:

• 120 days of mandatory jail time in county jail to a maximum sentence of one year;
• paying fines from $390 to $1,000;
• 30 months of DUI school; and
• driver's license revoked for 3 years

What are the Penalties for a Misdemeanor DUI with Injury?

The penalties for a misdemeanor DUI with injury include:

• 5 days of mandatory jail time in county jail to a maximum of one year;
• paying fines from $390 to $5,000;
• taking DUI school anywhere from 3, 18, or 30 months; and
• driving license revoked for 1 to 3 years

What are the Penalties for a Felony DUI?

A felony DUI occurs if it is the individual's fourth DUI offense within the past 10 years. Additionally, the driver has a prior felony DUI conviction. Or if the driver causes an accident in which the other parties die or are injured as a result of the accident. Penalties for a Felony DUI include:

• 16 months of mandatory jail time in county jail;
• 2 to 3 years of state prison;
• paying fines anywhere from $390 to $1,000;
• 18 to 30 months of DUI school; and
• driver's license revoked for 4 years

What are the Penalties for a Felony DUI with Injury?

In this case of a felony DUI with injuries occurs when an individual drives under the influence and then causes bodily injury or death to another. Consequently, penalties for a felony DUI with Injury include:

• 16 months of mandatory jail time in county jail or up to 16 years in state prison;
• paying fines anywhere from $1,015 to $5,000;
• 18 to 30 months of DUI school; and
• driver's license revoked for 5 years

Reckless Driving

In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.

Contact Us

Driving under the influence of marijuana carries serious legal consequences in California. Additionally, don't navigate this complex legal landscape alone. In brief, please contact KAASS LAW today for a confidential consultation to discuss your case and learn how we can help protect your future across the state. Overall, we can help conduct, analyze, challenge, and negotiate for you so we may provide an aggressive and effective representation.  

The temptation of freedom and independence on the open road is powerful. This speaks very loud when it comes down to teenagers as they are slowly heading towards adulthood. Being a parent and or guardian for the littles, you do your best for your child to make them happy and see them smile. However, it's easier said than done. Sometimes, you want to make your kid happy by allowing them the freedom of the vehicle. As a result, the act of giving possession of a car to a minor in CA carries great legal problems and potential liability. Next time you're asked if they can take the family car for a ride, it is only fair for you to know the risk at hand. Here at KAASS LAW, we aim to enlighten our readers and clients on safety and avoiding any potential risks worth avoiding.

California Law and Minor Drivers: A Framework of Responsibility

California law places specific restrictions and obligations on minor drivers and those who enable their driving privileges. As there are restrictions for minors when it comes to obtaining a driver's license, the legal responsibility usually falls under their parents and or guardian. Giving possession, in essence, of a car to a minor isn't something that should be done in a light-hearted fashion. There are legal consequences if things go from bad to worse.

The Concept of Negligent Entrustment

Negligent entrustment means that you can be liable and legally responsible if you lend your car to someone you knew or should have known potentially driving negligent and or recklessly. Usually, negligence falls under the person who caused the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.

California Code, Penal Code - PEN § 193.8 states, "(a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist:

(1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished.

(2) A petition was sustained or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5.

(3) The minor does not otherwise have a lawful right to possession of the vehicle.

(b) The offense described in subdivision (a) shall not apply to commercial bailments, motor vehicle leases, or parking arrangements, whether or not for compensation, provided by hotels, motels, or food facilities for customers, guests, or other invitees thereof."

This is one of many forms of the act of negligence.

Factors Determining Negligent Entrustment:

Several factors are considered when determining if negligent entrustment occurred:

• The Minor's Driving Record: Does the minor have a history of traffic violations or accidents, even minor ones?
• The Minor's Experience and Training: Has the minor recently obtained their license and are they still under provisional restrictions? Have they completed adequate driver training?
• The Minor's Character and Habits: Does the minor exhibit a pattern of recklessness, impulsivity, or disregard for rules?
• Knowledge of Unsafe Conditions: Were you aware of any physical or mental conditions that might impair the minor's ability to drive safely?
• Ownership and Control: While giving possession, do you retain ownership of the vehicle? The owner generally bears a greater responsibility.

Insurance Implications

Allowing a minor to drive your vehicle also has significant insurance implications. While your insurance policy may extend coverage to a licensed minor living in your household, it's crucial to:

• Notify Your Insurance Company
• Understand Policy Limits
• Consider Increased Premiums
• Review Exclusions

Strategies for Mitigating Risk

While the desire to provide your child with a vehicle is understandable, taking steps to mitigate the associated risks is paramount:

• Delay Giving Full Possession: Consider allowing supervised driving for an extended period even after they obtain their license.
• Establish Clear Rules and Expectations: Set firm rules regarding vehicle use, curfews, passenger restrictions, and responsible driving behavior.
• Require Advanced Driver Training: Beyond the minimum requirements, consider enrolling your child in advanced driving courses that emphasize defensive driving techniques and hazard awareness.
• Monitor Driving Habits: Stay informed about your child's driving behavior. Consider using tracking devices or regularly reviewing driving records.
• Maintain Open Communication: Have ongoing conversations about the responsibilities and dangers of driving.
• Ensure Adequate Insurance Coverage: Review your insurance policy and consider increasing coverage limits.

When Legal Guidance is Necessary

Situations involving minors and vehicle possession can become legally complex, especially in the event of an accident. It's crucial to seek legal guidance from KAASS LAW if:

• Your minor child has been involved in an accident while driving a vehicle you own or have given them possession of.
• You are facing liability claims due to your minor child's driving.
• You have questions about the legal implications of giving a vehicle to a minor in California.
• You need assistance understanding your insurance coverage in such situations.

Contact Us

At KAASS LAW, we're here for you and your family. We understand why you want to help your child and give them their freedom as their growing up. However, this small things can lead to bigger problem if there aren't any proper supervision of the minor. If facing these types of legal problems, contact us right away.