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) 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 of driving under the influence of marijuana may include:
Charges associated with DUI of marijuana include:
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:
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:
If a Third DUI charge means an individual's third DUI charge (including either drug or alcohol). The possible penalties for this offense include:
The penalties for a misdemeanor DUI with injury include:
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:
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:
In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.
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 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.
“Miranda rights” or otherwise “Miranda warning” comes from the 1966 U.S. Supreme Court case Miranda vs. Arizona. The judgment of this case was precedential since it set up several procedural requirements that are to be followed by the law-enforcement bodies while arresting and interrogating a suspect. Meanwhile, the procedural safeguards are considered to be the rights vested to the defendant.
Especially, the Court held that defendant must be warned before any questioning that:
The conjunction of these four procedural safeguards constitutes Miranda rights, which shall be enjoyed by everyone. They apply to all criminal proceedings, including cases comprising offenses of driving under the influence (“DUI”). Not only should the defendant be informed of his/her Miranda rights, but also they are to be fulfilled without hindrance. This means that the mere announcement of Miranda rights by law-enforcement bodies does not suffice. The defendant shall enjoy the consequences of Miranda rights. So if the police explain Miranda rights to the suspect, but then start to question him ignoring his refusal to be questioned or his request to call his lawyer, the essence of Miranda rights will be impaired.
Vehicle Code 23152(a) VC governs the crime of operating a motor vehicle “under the influence” of alcohol. In California motorists charged with driving under the influence can even be charged with a DUI, the blood alcohol concentration was below 0.08%. It should also be noted that if you have been charges with a DUI, there are two governmental bodies that are generally involved and require hearings; that is the DMV and the Courts. The DMV case is extremely time sensitive, and if not fixed immediately, will result in an automatic suspension of your driver’s license. A Driving under the influence conviction generally can result in costly fines, required attendance at alcohol-education classes, suspension or revocation of your driver’s license, probation, placing an ignition interlock device in your car, and even jail or prison time depending on the facts of the case.
California DUI charges can result in driver’s license suspensions, sometimes even on a first DUI. Our DUI attorneys in Glendale, CA have the ability to extend your driver’s license privileges and aggressively fight the DMV case to protect your license. It is critical to act quickly so you do not miss the deadline to demand a DMV hearing. If the deadline is missed it is likely that the DMV will automatically suspend your license.
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.
Several factors are considered when determining if negligent entrustment occurred:
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:
While the desire to provide your child with a vehicle is understandable, taking steps to mitigate the associated risks is paramount:
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:
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.
To obtain Miranda rights, the defendant must gain special status. In Miranda case the court established that the presence of the following two conditions is a must:
As of DUI arrests, the road police are not necessarily required to give Miranda warning before carrying roadside DUI investigation. In case a DUI investigation is accompanied by an arrest and interrogation of a driver, a Miranda warning should be given.
One does not need to be read a Miranda warning to gain the right to exercise it. In that regard, drivers may be well informed about their rights and responsibilities. At least, they may learn it from action movies. Nevertheless, Miranda rights need to be invoked clearly in order to achieve them. The way of invocation does not matter, someone might say “I want to remain silent”, “I want to call my lawyer”, or “Please, provide a lawyer”.
The police will probably ask you if you understand your rights after reading them to you after the Miranda warning. The police will then give you the option to surrender your rights if you want to cooperate with their investigation. You might have to sign a Miranda waiver in order to give up your rights. Insist on your right to stay silent when the police ask you whether you wish to renounce your rights. You might be able to renounce your Miranda rights without actually signing a waiver by making an implied waiver instead. As long as your statement is voluntary and you have been informed of your Miranda rights, it may be presumed in this situation. The suspect may waive his Miranda rights. The waiver must be clear and affirmative․ It should be accepted in case the police are confident in the following:
In the event Miranda rights are somehow violated, a DUI defense attorney can submit a motion to suppress evidence referring to section 1538.5 of the California Penal Code. If the motion is granted, the evidence obtained in violation of Miranda rights (statements of the defendant) is considered inadmissible in the court proceedings and the judge throws it out of the lists of evidence.
If convicted of a DUI in Court, while the driver would have full driving privileges, the DMV will require the installation of an ignition interlock device, which is the breathalyzer device for several month period. Typically, probation is for three years and is also known as "informal" or "summary probation" on a first time DUI offense. Summary probation means that it is “non-reporting probation".
A criminal conviction in California, even for a first time DUI offense can have negative consequences on immigration status. For instance, a DUI offense can trigger deportation requirements and other immigration difficulties. Winning your case instead of being convicted can often mean staying in the United States instead of being deported. Therefore, hiring an experience Glendale DUI defense lawyer may mean the difference of keeping your immigration status or suffer adverse consequences. Our goal in DUI cases is to first attempt to seek a dismissal. If that does not work, we seek to reduce charges and all punishment.
It is imperative that you hire the best Los Angeles DUI attorney to ensure you get the best possible defense. Our Glendale criminal defense lawyers have handled numerous cases. If you have been accused of a DUI, contact one of our Glendale DUI attorneys at (310) 943-1171. It is important to have a defense attorney that you can trust. It is imperative not to speak with investigative authorities without seeking legal counsel first in these situations.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.