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.
To establish that a person is a habitual traffic offender under this section, the prosecution must establish the factors listed below:
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.
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:
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.
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).
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.
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:
Any subsequent offense that occurs within seven years of a prior conviction, or a second conviction, results in:
Charges concerning habitual traffic offenders are connected to the following offenses:
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.
DUI means driving under the influence of alcohol or any substance that impairs one’s ability to drive.
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.
Once you are arrested for a DUI, you will face a criminal trial and/or a DMV hearing.
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.
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.
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).
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.
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.
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:
California Vehicle Code section 22517 states: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.”
When a parked car on the side of the road opens its door haphazardly, there are 2 types of accidents that typically occur as a result. It will either be the case that:
CVC section 22517 clearly states that the person who opens the door without taking proper caution is liable for the damages caused by it. However, it is common practice for insurance companies to give partial liability to both parties, especially car door opening accidents. For example, an insurance company would likely declare partial liability if the person who opened their door could prove that they did so while the other driver was a significant distance away. Just because the law supports the position of the party that crashed due to an open door, it does not mean that drivers shouldn’t take caution when driving alongside parked cars. While the law assesses fault to someone who opens their door haphazardly, the person who does so will almost certainly argue that they did so safely, leaving enough time for other drivers to take precautions.
An exhibition of speed or otherwise known as “speed ex”, “flooring it”, “street racing” is the amusement of car and bicycle lovers, meanwhile it is spectacular for bystanders. Most people don’t realize that California law criminalizes the adrenaline-filled, attention-grabbing act. It considered as one of the driving offenses.
According to California Vehicle Code 23109(c), a person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway. From the statutory provision emanates that this offense includes 2 indispensable elements:
Unlike element 2 when it is clear what the highway is and how it differs from other roads, element 1 may not be precise for most people, therefore it needs to be clarified.
The concept of “an exhibition of speed” is described as illegally accelerating or driving at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else. Thus, the mere concept of “an exhibition of speed”, in its turn, has distinctive components, which may be summarized as:
According to California Vehicle Code 14601 (VC-14601), it is illegal to knowingly drive a motor vehicle at any time while the license or driving privileges are suspended or revoked.
Prosecution must establish the following elements to convict the defendant of driving with a suspended license
Prosecutor can prove the knowledge of suspended or revoked license in case the following is true:
Under California Vehicle Code 2800.1 evading arrest is defined as attempting or actively running away from a police officer that has made clear his intentions to arrest you.
The prosecutor must establish the following elements in order to convict a defendant of Vehicle Code 2800.1 evading a police officer:
And all of the following were true:
According to California Vehicle Code Section 10853 it is unlawful for any person to intentionally deface damage or destroy the personal property of another. The law applies both to vehicles and items attached to vehicles, as mirrors, hood ornaments and license plates.
For a defendant to be convicted of Vehicle Code 10853 malicious mischief to a vehicle the prosecutor must prove the following elements beyond a reasonable doubt:
Malicious mischief is type of a non-violent crime, which doesn’t involve injury to a victim or use of force and fear; instead it involves some type of property damage or economic loss to a victim. Malicious mischief of a vehicle occurs when someone damages another person’s property regardless the amount of damage. The value of the damage can be significant or minor, but the key issue in the crime is the damaging of the property. Malicious mischief does not involve taking a vehicle, but only defacing, destroying or otherwise damaging it without the owner's consent.
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.
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.
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.
While a first DUI offense is generally classified as a misdemeanor, it can have serious and lasting consequences. In addition to:
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.
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.
Although this is a first offense, the court may increase the sentence if there are aggravating factors. Such circumstances include:
The presence of one or more of these factors may result in more severe penalties. These include:
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:
An experienced DUI lawyer can:
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.
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.
A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:
A felony Vehicle Code section 10802 conviction carries the following penalties:
The facts of the case and the offender's history generally decide the type of conviction.
Possible defenses for a vehicle code section 10802 offense may be
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.
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.
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.
In addition to the basic penalties, a conviction under California Vehicle Code 10802 can have long-term consequences. For example, a criminal record can:
If you are convicted of a felony, the consequences may include:
The court and prosecutor may consider such factors as:
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.
In addition to lack of intent and prior VIN damage, defenses may include:
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.
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:
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:
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:
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.
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:
In addition, an attorney can request that the jail time be converted to alternative measures. Such as:
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.
First, you should find a safe place to pull over, or if it is unsafe, then leave the scene and find a safe place to exchange information with the other driver. It is required by law that all drivers exchange license and insurance information when they are involved in an accident. If any of the involved parties try to leave without doing so (hit and run), you should try to take a picture or make a note of their license plate, so liability and damages can be fairly assessed. While not required by law, it is always a good idea to call the police to the scene unless the accident is extremely minor. This will help create a more accurate narrative of what happened in the accident. You should also take pictures of the vehicles involved, so the property damage can be properly assessed. While you could open up a claim with your insurance provider yourself, it is recommended that you seek attorney representation and let them handle the process for you. Insurance companies will often ask you several questions in order to get your unprepared answers and use them to minimize the amount they need to pay you in the future. It is paramount that you seek high-quality legal representation in order to protect yourself from being taken advantage of.
If you or a loved one has been involved in an auto accident we invite you to contact our auto accident attorneys at KAASS Law at (310) 943-1171 for a free consultation or fill out the contact form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Suppose driver X drives his car on the highway at a normal rate. Suddenly he notices a pretty woman driving next to him. He accelerates the car to the dangerous speed to make an impression on her.
In addition to the potential for fine and jail time, a speeding charge can have other serious consequences. For instance, the court has the authority to suspend or restrict a driver's license for a specified duration. Furthermore, it should be noted that a misdemeanor of this nature is documented in the offender's history, which can have implications for the cost of automobile insurance. Many insurance companies consider drivers with such infractions to be high-risk, which can result in significantly higher insurance premiums. If the driver endangered other road users at the time of the offense, this can be considered an aggravating factor. In such cases, the court may impose a stiffer penalty or require the driver to take a safe driving course.
In some cases, a driver may be accused of demonstrating speed unfairly. For instance, if he were to accelerate sharply to avoid a dangerous situation on the road. Similarly, when another person drives aggressively and forces a driver to speed up, the driver may have grounds to file a claim. In such cases, the defense can argue that the defendant took action to ensure safety.
Even if you believe the incident was minor, it is important to note that a Section 23109(c) charge can have implications for your driver's license. KAASS LAW attorneys are equipped to assist you in evaluating your case, gathering evidence, building a defense, and protecting your rights in court.
Dependent upon the severity of an offense and circumstances of the case, the punishment varies. In particular, the exhibition of speed leads to one of the following penalties
As the perpetrator, the abettor of this offense is also subject to liability.
To convict a person for this crime, the prosecution must successfully prove all the elements discussed above. In this sense, the position of the defense is much more favorable, since the offense includes a special purpose- to show off or to make an impression on someone else. So in the concrete case, the legal question is- whether the offender has acted with that purpose in mind or not? In practice, weighty facts and arguments are necessary to prove the presence of a particular purpose. The defense may easily challenge the latter. Although the burden of proof is not on the defense, but they may argue that the offender was not trying to boast or impress someone, but was rushing to the hospital or hurrying up to the work, for example. KAASS LAW can help if you're facing charges related to the exhibition of speed in California. Call (844)-522-7752 to speak with our attorney.
California statutes on driving with suspended or revoked license include the following
Under this section it is illegal to drive on a revoked or suspended license due to alcohol or drug abuse, mental or physical liability, reckless driving, or being declared an incompetent or negligent driver.
Penalties for first offense for violating Vehicle Code Section 14601
Penalties for Second Offense Under Vehicle Code Section 14601
Under this section it is illegal to drive on a suspended or revoked license when defendant knows about the suspended or revoked license for any reasons that are not mentioned in sections 14601(a), 14601.2 or 14601.5 of the Vehicle Code.
Penalties for first offense:
Penalties for second offense within 5 years
Under this section it is illegal to drive on a suspended or revoked license because of a DUI conviction.
Penalties for first violation offense under Vehicle Code Section 14601.2 include the following
Penalties for second violation offense under Vehicle Code Section 14601.2 include the following
Under this section defendant can be declared a “habitual traffic offender" in case his driver's license was suspended or revoked during a twelve month period and he was convicted or involved in any combination of the following offenses:
Penalties for first offense
Penalties for second or subsequent offense:
Vehicle Code Section 14601.4
Under this section it is illegal to drive on a suspended or revoked license pursuant to 14601.2 and cause injury to a person other than the driver.
Penalties for first offense:
Vehicle Code Section 14601.5
Under this section it is illegal to drive on a suspended or revoked license based on refusing sobriety tests or BAC levels too high.
Penalties for first offense:
Penalties for second offense within 5 years:
Fine from $500 to $2000 plus penalty assessments.
If you are in need of legal assistance with a court case in California, our attorneys at KAASS LAW would be happy to assist you.
Evading a police officer is known a specific intent crime, meaning that the defendant must have specifically intention to commit the offense and it is a willful act. In case the defendant fled from the police officer for a reason other than willfully and intentionally disobeying the officer’s orders, then you cannot be found guilty of the offense. The defendant doesn’t need to have intent to break the law, gain an advantage or hurt another person.
California Vehicle Code Section 2800.1 enumerates some specific requirements that a police officer’s car must have. The requirements are the following:
Legal defenses to evading a police officer under VC Section 2800.1 are as follows
No willful intent
According to California Vehicle Code Section 2800.1 anyone who willfully flees or attempts to evade a peace officer is guilty of a misdemeanor. In case the defendant did not intent to evade police officer he should not be convicted of the crime.
Insufficient evidence
Vehicle Code Section 2800.1 requires the police officer be reasonably identifiable by wearing a standard police uniform. Also his vehicle must have distinctive markings, at least one red lamp visible from the front and a siren. If any of these elements are not met the defense of insufficient evidence can be applicable.
In California law violation of VC 2800.1 is charged as a misdemeanor and the potential penalties include:
If you are a loved one has been charged with violating California Vehicle Code 2800.1 contact our Glendale criminal defense lawyer today at (310) 943-1171 for a free consultation.
Common defenses to California Vehicle Code 10853 Malicious Mischief to a Vehicle include the following:
Defendant didn’t have an intent to deface, damage or destroy
Person must have a clear intent to damage, deface or destroy another person's vehicle. In case he did so accidently and without specific intent he can’t be criminally liable under California Vehicle Code Section 10853.
Wrong person has been arrested
People usually commit malicious mischief to a vehicle at night and do it very quickly. So it becomes really hard for eyewitnesses to recognize the person who has committed the crime and this can lead to false arrests.
According to Vehicle Code Section 10853 malicious mischief to a vehicle is a misdemeanor level offense. The penalties for this crime are the following:
In addition to all penalties the conviction can lead to significant consequences for the defendant. The conviction is visible to landlords, employers and anyone else who conduct a criminal background searches.
The following crimes are related to malicious mischief to a vehicle.
Our Glendale criminal defense lawyers experienced with malicious mischief to a vehicle charges are here to answer any questions If you or a loved one has been charged with malicious mischief to a vehicle and you would like to discuss your case confidentially with one of our criminal defense lawyers at (310) 943-1171.