Thursday, August 31, 2006
San Diego California DUI News: A bi-partisan blood alcohol content testing measure, authored by Senator Jeff Denham
SACRAMENTO—A bi-partisan blood alcohol content testing measure, authored by Senator Jeff Denham (R-Merced) and co-authored by Senator Tom Torlakson (D-Antioch) and Assemblyman Dave Jones (D-Sacramento), was held in the Assembly Appropriations Committee last week. Committee members rejected an attempt by Vice-Chairwoman Sharon Runner (R- Lancaster) to force a vote on Senate Bill 176. The liberal members of the committee voted against sending the bill to the Assembly Floor, and instead placed SB 176 on the “Suspense File,” a parliamentary trick often used to defeat a bill without actually having to vote on it.
“This anti-drunk driving legislation has gotten through policy committees in each house TWICE, and passed through the Senate without a single “no” vote TWICE, said Denham. “Yet, the majority members of the Assembly Appropriations Committee continue to do the bidding of the A.C.L.U., the Trial Lawyers and their clients.”
SB 176 would require that drivers at-fault in an accident where a fatality has occurred have their Blood Alcohol Concentration (BAC) level tested at the discretion of the commanding officer on the scene.
“This bill would have helped determine whether someone was driving under the influence when a fatality occurred and would have allowed for proper punishment of more drunk drivers,” Denham continued. “More importantly, this law would have gotten additional drunk drivers off the road and help save the lives of innocent citizens who are too often victims of these criminals.”
The majority members of the Assembly Appropriations Committee have established a pattern of defeating other tough anti-drunk driving measures, including Assembly Bill 4 by Assemblyman Russ Bogh (R-Beaumont), which would have permanently revoked the drivers' license of a person convicted of driving under the influence (DUI) three times. AB 4 was also opposed by the A.C.L.U. and the Trial Lawyers.
SB 176 was supported by Mothers Against Drunk Driving (MADD), Democrat Attorney General Bill Lockyer, California State Sheriffs’ Association, Crime Victims United, California Association of Highway Patrolmen, California Police Chiefs’ Association, Responsible Citizens Inc., National Transportation Safety Board and California District Attorneys Association. Denham also carried SB 1429 last session, which was an identical measure authored at the request of Yvonne McMurray, whose husband was killed in a vehicle accident.
San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.
San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com
“This anti-drunk driving legislation has gotten through policy committees in each house TWICE, and passed through the Senate without a single “no” vote TWICE, said Denham. “Yet, the majority members of the Assembly Appropriations Committee continue to do the bidding of the A.C.L.U., the Trial Lawyers and their clients.”
SB 176 would require that drivers at-fault in an accident where a fatality has occurred have their Blood Alcohol Concentration (BAC) level tested at the discretion of the commanding officer on the scene.
“This bill would have helped determine whether someone was driving under the influence when a fatality occurred and would have allowed for proper punishment of more drunk drivers,” Denham continued. “More importantly, this law would have gotten additional drunk drivers off the road and help save the lives of innocent citizens who are too often victims of these criminals.”
The majority members of the Assembly Appropriations Committee have established a pattern of defeating other tough anti-drunk driving measures, including Assembly Bill 4 by Assemblyman Russ Bogh (R-Beaumont), which would have permanently revoked the drivers' license of a person convicted of driving under the influence (DUI) three times. AB 4 was also opposed by the A.C.L.U. and the Trial Lawyers.
SB 176 was supported by Mothers Against Drunk Driving (MADD), Democrat Attorney General Bill Lockyer, California State Sheriffs’ Association, Crime Victims United, California Association of Highway Patrolmen, California Police Chiefs’ Association, Responsible Citizens Inc., National Transportation Safety Board and California District Attorneys Association. Denham also carried SB 1429 last session, which was an identical measure authored at the request of Yvonne McMurray, whose husband was killed in a vehicle accident.
San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.
San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com
Wednesday, August 30, 2006
San Diego DUI Attorney News: Driving While Demented (DWD)
On May 8, Betty Bowen of Pompano Beach, an 81-year-old white woman, made an illegal left turn into oncoming traffic on northbound State Road 7 in Tamarac and creamed a black man riding a motorcycle.
Witnesses told police that other cars stopping short for Bowen's bad move prevented Reginald Ervin, 41, from seeing her car until it was too late. Colliding with the front end of Bowen's Chevy Cavalier, Ervin was thrown from his bike, his helmet was knocked off, and he flew 30 feet onto a grassy swale. Less than two hours after the accident, Ervin was pronounced dead at Broward General Medical Center.
But things could have gone much worse for Betty Bowen.
For one, she came away without a scratch.
For another thing, she was wearing eyeglasses that she knew were not the correct prescription and made a turn that someone with good vision would not have made, but she won't be charged with a crime.
She wasn't even ticketed for the illegal turn.
Still, the woman is outraged that she lost her driver's license and cites only one real benefit in the crash. Bowen says she's glad she has helped "get rid of the niggers."
"One more off this Earth," she says.
Broward Sheriff's Office Det. Bruce Babcock recommended to the State of Florida that Bowen's license be revoked, but he did not give her a traffic ticket. Instead, he brought her canned goods after the incident.
Ervin's mother, Helen Williams, tells New Times that Babcock told her he didn't charge Bowen because of her age. But the detective denies it.
"There's nothing criminal involved in it," he said in a telephone interview. "For it to be a criminal case, you need one of three things: leaving the scene, DUI manslaughter, or willful and wanton disregard for life. It doesn't fall under any of those categories. You had an elderly lady with indications that she shouldn't have her license."
The number-one indication: Bowen tried to make a left onto SR 7 at a place where there's a median separating the southbound and northbound lanes. After she began her turn from NW 49th Street, there was nowhere to go but into oncoming traffic. According to accident reports, Bowen then realized her mistake and tried to make a U-turn across four lanes. Autos in the first three lanes slowed down but blocked Ervin's view as he approached at 45 mph in the right lane. Witnesses said Ervin had no chance as Bowen pulled in front of him, his motorcycle colliding with her front right bumper.
But that's not how Bowen remembers it.
The petite Wisconsin native has an apple-shaped belly and electric blue eyes. Though she rarely leaves her Pompano Beach condo, Bowen takes good care of her long hair, the outer layer of which she often dyes red and pulls back in two combs at either side of her square forehead. The bright gray bottom layer blends with red strands as they wind down past her uneven bustline.
"They took the wrong boob off," she says, to account for her shape. "Right over there at the butcher shop. Didn't give me any anesthetic. I had a towel over my face. Son of a bitch — he's a foreigner."
Betty says the man responsible for her botched mastectomy is called Ejah, but she can't be sure. After all, this happened five years ago, around the same time her health began to slip.
In addition to breast cancer, Bowen says she has "a fever in her feet," which may or may not be nerve damage related to diabetes. She believes she recently suffered a mild stroke but was able to recover. Her arms are covered in red spots she calls "nerves," and her blood pressure hovers around 200, she says. But Bowen has no doctor and takes no medication, save the blood pressure pills she once received as a sample.
"Fraud and lip service," she says of all her experiences with doctors.
Her pills sit neatly on her coffee table among nail clippers, a pair of glasses from the drugstore, tweezers, a razor, a mirror, a toothbrush, a file, baby powder, Tums, candles, cologne, and 11 pens. Having the items close at hand is necessary, as Bowen does not leave the couch very often. But she was delighted when she learned that a reporter was coming over. Bowen is fired up to talk about "that Negro son of a gun" and his "whaddaya call it? Road raging."
Bowen had set out that day for an oil change, an ambitious 25-minute drive to Phil Smith Chevrolet in Lauderhill. She hadn't ventured from the half-mile stretch of Sample Road in front of her home in months, but she had a coupon for a free oil change at the dealership.
The trip into unfamiliar Tamarac territory proved to be confusing for Bowen, as statements she later made to police revealed that she had no idea where she was or what caused the accident.
"Good that he's dead," she says. "He got what was coming to him. Standing there threatening me. He was zoom, zoom. I will hear that the rest of my life. Regular road rage."
Betty's recollection of the accident deviates drastically from the fatality report. Although the report said Bowen was not injured, she now claims her knees were slammed against the dashboard, making it difficult for her to walk. She recalls that Ervin died days after the accident, but he was in fact pronounced dead less than two hours after the crash from trauma to the head, neck, and extremities. Bowen believes Ervin could have stopped but chose to rev his engine and take his chances going around her. Witnesses all disagreed.
"Where did he come from?" Bowen repeatedly asked witnesses at the scene.
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
Witnesses told police that other cars stopping short for Bowen's bad move prevented Reginald Ervin, 41, from seeing her car until it was too late. Colliding with the front end of Bowen's Chevy Cavalier, Ervin was thrown from his bike, his helmet was knocked off, and he flew 30 feet onto a grassy swale. Less than two hours after the accident, Ervin was pronounced dead at Broward General Medical Center.
But things could have gone much worse for Betty Bowen.
For one, she came away without a scratch.
For another thing, she was wearing eyeglasses that she knew were not the correct prescription and made a turn that someone with good vision would not have made, but she won't be charged with a crime.
She wasn't even ticketed for the illegal turn.
Still, the woman is outraged that she lost her driver's license and cites only one real benefit in the crash. Bowen says she's glad she has helped "get rid of the niggers."
"One more off this Earth," she says.
Broward Sheriff's Office Det. Bruce Babcock recommended to the State of Florida that Bowen's license be revoked, but he did not give her a traffic ticket. Instead, he brought her canned goods after the incident.
Ervin's mother, Helen Williams, tells New Times that Babcock told her he didn't charge Bowen because of her age. But the detective denies it.
"There's nothing criminal involved in it," he said in a telephone interview. "For it to be a criminal case, you need one of three things: leaving the scene, DUI manslaughter, or willful and wanton disregard for life. It doesn't fall under any of those categories. You had an elderly lady with indications that she shouldn't have her license."
The number-one indication: Bowen tried to make a left onto SR 7 at a place where there's a median separating the southbound and northbound lanes. After she began her turn from NW 49th Street, there was nowhere to go but into oncoming traffic. According to accident reports, Bowen then realized her mistake and tried to make a U-turn across four lanes. Autos in the first three lanes slowed down but blocked Ervin's view as he approached at 45 mph in the right lane. Witnesses said Ervin had no chance as Bowen pulled in front of him, his motorcycle colliding with her front right bumper.
But that's not how Bowen remembers it.
The petite Wisconsin native has an apple-shaped belly and electric blue eyes. Though she rarely leaves her Pompano Beach condo, Bowen takes good care of her long hair, the outer layer of which she often dyes red and pulls back in two combs at either side of her square forehead. The bright gray bottom layer blends with red strands as they wind down past her uneven bustline.
"They took the wrong boob off," she says, to account for her shape. "Right over there at the butcher shop. Didn't give me any anesthetic. I had a towel over my face. Son of a bitch — he's a foreigner."
Betty says the man responsible for her botched mastectomy is called Ejah, but she can't be sure. After all, this happened five years ago, around the same time her health began to slip.
In addition to breast cancer, Bowen says she has "a fever in her feet," which may or may not be nerve damage related to diabetes. She believes she recently suffered a mild stroke but was able to recover. Her arms are covered in red spots she calls "nerves," and her blood pressure hovers around 200, she says. But Bowen has no doctor and takes no medication, save the blood pressure pills she once received as a sample.
"Fraud and lip service," she says of all her experiences with doctors.
Her pills sit neatly on her coffee table among nail clippers, a pair of glasses from the drugstore, tweezers, a razor, a mirror, a toothbrush, a file, baby powder, Tums, candles, cologne, and 11 pens. Having the items close at hand is necessary, as Bowen does not leave the couch very often. But she was delighted when she learned that a reporter was coming over. Bowen is fired up to talk about "that Negro son of a gun" and his "whaddaya call it? Road raging."
Bowen had set out that day for an oil change, an ambitious 25-minute drive to Phil Smith Chevrolet in Lauderhill. She hadn't ventured from the half-mile stretch of Sample Road in front of her home in months, but she had a coupon for a free oil change at the dealership.
The trip into unfamiliar Tamarac territory proved to be confusing for Bowen, as statements she later made to police revealed that she had no idea where she was or what caused the accident.
"Good that he's dead," she says. "He got what was coming to him. Standing there threatening me. He was zoom, zoom. I will hear that the rest of my life. Regular road rage."
Betty's recollection of the accident deviates drastically from the fatality report. Although the report said Bowen was not injured, she now claims her knees were slammed against the dashboard, making it difficult for her to walk. She recalls that Ervin died days after the accident, but he was in fact pronounced dead less than two hours after the crash from trauma to the head, neck, and extremities. Bowen believes Ervin could have stopped but chose to rev his engine and take his chances going around her. Witnesses all disagreed.
"Where did he come from?" Bowen repeatedly asked witnesses at the scene.
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
Tuesday, August 29, 2006
San Diego DUI lawyer news: Your Car's Black Box May Be Watching You
It was nearly 11 on a balmy June night in Muttontown, a New York City suburb. Two teenagers raced fast cars down a tree-lined thoroughfare. The 19-year-old, home from freshman year at Tulane University, steered a new Mercedes with a license plate that read 4MRNICE. The 17-year-old, a high school junior, accelerated a two-year-old Corvette. At an intersection, within a second of each other, both cars smashed into a red Jeep, killing a nurse and her fiancé. At the hospital, one of the youths told a detective they were driving 50 m.p.h. to 55 m.p.h.
But unbeknownst to the teens and their families, there was a hidden witness to the race. A palm-size microcomputer, embedded in the Corvette's air-bag system, revealed that the car was traveling 139 m.p.h. The data, downloaded by police after the vehicle was impounded, convinced a grand jury to indict the youths on murder charges, based on "depraved indifference to human life." In the end, they pleaded guilty to manslaughter and assault, and are now serving a three-year prison term. "The minute the prosecutors had the speed from the 'black box,' they upped the charges to murder," says Richard Slade, whose son Blake was driving the Mercedes. "They had what they needed to force a plea down our throats."
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
But unbeknownst to the teens and their families, there was a hidden witness to the race. A palm-size microcomputer, embedded in the Corvette's air-bag system, revealed that the car was traveling 139 m.p.h. The data, downloaded by police after the vehicle was impounded, convinced a grand jury to indict the youths on murder charges, based on "depraved indifference to human life." In the end, they pleaded guilty to manslaughter and assault, and are now serving a three-year prison term. "The minute the prosecutors had the speed from the 'black box,' they upped the charges to murder," says Richard Slade, whose son Blake was driving the Mercedes. "They had what they needed to force a plea down our throats."
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
Monday, August 28, 2006
San Diego DUI Lawyer news: Court overturns ruling in DUI case
It was a case that prompted the president judge of Commonwealth Court to upbraid some judges for ignoring the constitution in the name of stopping drunk driving.
At issue: If a police officer outside his jurisdiction stops a vehicle and the driver refuses to take an alcohol breath test, can the license of the driver be suspended for a year?
The answer is no, according to a ruling this week by the state Supreme Court.
Police have grounds to make arrests outside of their jurisdiction when they see a "felony, misdemeanor, breach of peace or any other act which presents an immediate clear and present danger to persons or property."
A motorist normally faces an automatic one-year license suspension by the state Department of Transportation if they refuse to take a breath or blood-alcohol test to determine intoxication. But that does not carry over if the stop is done outside the officer's jurisdiction, the high court reaffirmed.
In this case, a Hampden Twp. officer began following Myra J. Martin around Nov. 27, 2003, in the township, but stopped her in Camp Hill. She refused a breath test.
Because of Martin's refusal to take the breath test, PennDOT attempted to suspend her license. Cumberland County Judge Edgar B. Bayley threw out the suspension, but the Commonwealth Court overruled Bayley.
In Tuesday's opinion, Supreme Court Justice Ronald Castille said the Commonwealth Court ruling contradicted almost identical cases and issues decided by the Supreme Court.
"I agree with the Supreme Court that PennDOT was trying desperately to revisit that issue and the Supreme Court said they were not going to do that," said Martin's attorney, John B. Mancke.
The high court ruling also backed what Commonwealth Court President Judge James Gardner Colins said when he disagreed with his court's majority opinion that backed the suspension.
"We do not want a police state," Colins wrote in his dissent. "It seems we are on the precipice of becoming one, in the name of DUI."
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
At issue: If a police officer outside his jurisdiction stops a vehicle and the driver refuses to take an alcohol breath test, can the license of the driver be suspended for a year?
The answer is no, according to a ruling this week by the state Supreme Court.
Police have grounds to make arrests outside of their jurisdiction when they see a "felony, misdemeanor, breach of peace or any other act which presents an immediate clear and present danger to persons or property."
A motorist normally faces an automatic one-year license suspension by the state Department of Transportation if they refuse to take a breath or blood-alcohol test to determine intoxication. But that does not carry over if the stop is done outside the officer's jurisdiction, the high court reaffirmed.
In this case, a Hampden Twp. officer began following Myra J. Martin around Nov. 27, 2003, in the township, but stopped her in Camp Hill. She refused a breath test.
Because of Martin's refusal to take the breath test, PennDOT attempted to suspend her license. Cumberland County Judge Edgar B. Bayley threw out the suspension, but the Commonwealth Court overruled Bayley.
In Tuesday's opinion, Supreme Court Justice Ronald Castille said the Commonwealth Court ruling contradicted almost identical cases and issues decided by the Supreme Court.
"I agree with the Supreme Court that PennDOT was trying desperately to revisit that issue and the Supreme Court said they were not going to do that," said Martin's attorney, John B. Mancke.
The high court ruling also backed what Commonwealth Court President Judge James Gardner Colins said when he disagreed with his court's majority opinion that backed the suspension.
"We do not want a police state," Colins wrote in his dissent. "It seems we are on the precipice of becoming one, in the name of DUI."
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
Sunday, August 27, 2006
San Diego DUI Attorney News: San Diego DUI Probation Dept. may house calls
ESCONDIDO – It was obvious by the beer cans on the front porch that the man who lived there – a man on probation for drunken driving – wasn't expecting a visit from county probation officers.
But on Thursday night, teams of probation and police officers swept through Escondido, knocking on the doors of 30 people on probation for repeat drunken driving offenses to make sure they were clean and sober.
Those who weren't, including the 23-year-old with empties on the porch, were taken back to jail for violating their probation.
The special operation marked the official launch of a new countywide program designed to prevent repeat drunken-driving offenders from doing it again.
Statistics show that repeat offenders are likely to keep re-offending, according to the state Department of Motor Vehicles.
“These are the people that say they just went down the street to get cigarettes and maybe a couple more beers, and there you have it, someone is injured or killed,” said county Probation Officer Gonzalo Mendez.
Mendez, a probation officer for 12 years, has experienced the tragic effects of drunken driving on a personal level.
In 2002, his 30-year-old brother, Carlos, was killed by a drunken driver in Mexico.
And in March, a close relative was killed by a drunken driver in Clairemont. Mendez later learned that the driver had a previous drunken-driving record.
Mendez supervises the eight-officer unit in charge of the new program, which was created through a two-year, $1.1 million state grant presented to the county last month.
With the new funds, Mendez is able to double his team and throw more resources at surprise enforcement details such as the one Thursday night.
The unit tracks 400 to 500 people throughout the county who have been convicted of DUI at least twice, making sure they are attending recovery classes and are abstaining completely from alcohol. It becomes a felony when someone is convicted of drunken driving a fourth time.
On Thursday night, the unit, with help from Escondido police officers, searched 20 homes for alcohol. Offenders who were home were given Breathalyzer tests.
Three were arrested; about 10 on the list weren't home.
One man who was home was doing exactly what he was supposed to be doing.
No alcohol was found in his system or his house. He proudly told the officers that he was 864 days sober and attending an Alcoholics Anonymous camping trip soon.
“That's really satisfying that people are taking their probation seriously,” Mendez said. “It felt good uncuffing people and saying, 'Keep up the sobriety, keep up the good work.' ”
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
But on Thursday night, teams of probation and police officers swept through Escondido, knocking on the doors of 30 people on probation for repeat drunken driving offenses to make sure they were clean and sober.
Those who weren't, including the 23-year-old with empties on the porch, were taken back to jail for violating their probation.
The special operation marked the official launch of a new countywide program designed to prevent repeat drunken-driving offenders from doing it again.
Statistics show that repeat offenders are likely to keep re-offending, according to the state Department of Motor Vehicles.
“These are the people that say they just went down the street to get cigarettes and maybe a couple more beers, and there you have it, someone is injured or killed,” said county Probation Officer Gonzalo Mendez.
Mendez, a probation officer for 12 years, has experienced the tragic effects of drunken driving on a personal level.
In 2002, his 30-year-old brother, Carlos, was killed by a drunken driver in Mexico.
And in March, a close relative was killed by a drunken driver in Clairemont. Mendez later learned that the driver had a previous drunken-driving record.
Mendez supervises the eight-officer unit in charge of the new program, which was created through a two-year, $1.1 million state grant presented to the county last month.
With the new funds, Mendez is able to double his team and throw more resources at surprise enforcement details such as the one Thursday night.
The unit tracks 400 to 500 people throughout the county who have been convicted of DUI at least twice, making sure they are attending recovery classes and are abstaining completely from alcohol. It becomes a felony when someone is convicted of drunken driving a fourth time.
On Thursday night, the unit, with help from Escondido police officers, searched 20 homes for alcohol. Offenders who were home were given Breathalyzer tests.
Three were arrested; about 10 on the list weren't home.
One man who was home was doing exactly what he was supposed to be doing.
No alcohol was found in his system or his house. He proudly told the officers that he was 864 days sober and attending an Alcoholics Anonymous camping trip soon.
“That's really satisfying that people are taking their probation seriously,” Mendez said. “It felt good uncuffing people and saying, 'Keep up the sobriety, keep up the good work.' ”
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
Saturday, August 26, 2006
San Diego DUI – Beer executive Pete Coors pleaded guilty Friday to driving while impaired, a lesser charge than the DUI count filed against Mr. Coors
GOLDEN, Colo. – Beer executive Pete Coors pleaded guilty Friday to driving while impaired, a lesser charge than the DUI count filed against him after his May arrest, and was sentenced to 24 hours of community service.
The judge suspended a $200 fine, but ordered Coors to participate on a panel sponsored by Mothers Against Drunk Driving and to go through alcohol education courses. Coors' driver's license also was suspended for three months from the date of his arrest, and he must also pay $495 in court costs and fees.
District attorney's spokeswoman Pam Russell said it was typical to dismiss the drunken driving charge for the lesser charge when defendants, like Coors, have no previous arrests.
The Denver Post reported that Coors entered the plea against the advice of his attorney because he thought the arrest had been an embarrassment to him and his company.
Coors, 59, vice chairman and a director of Molson Coors Brewing Co., was pulled over by a state trooper May 28 after he left a friend's wedding celebration.
Company spokeswoman Kabira Hatland has said Coors rolled through a stop sign a block from his Golden home and was stopped by the officer in his driveway. She said his blood-alcohol content after a breath test was 0.088 percent, above the 0.08 percent level at which a motorist is considered to be driving under the influence.
Coors often appears in television ads for the company and ran for the U.S. Senate as a Republican in 2004. He issued a statement last month apologizing for not following his own advice to drink responsibly.
San Diego DUI? Immediate help at http://www.sandiegodui.com/survey.html
The judge suspended a $200 fine, but ordered Coors to participate on a panel sponsored by Mothers Against Drunk Driving and to go through alcohol education courses. Coors' driver's license also was suspended for three months from the date of his arrest, and he must also pay $495 in court costs and fees.
District attorney's spokeswoman Pam Russell said it was typical to dismiss the drunken driving charge for the lesser charge when defendants, like Coors, have no previous arrests.
The Denver Post reported that Coors entered the plea against the advice of his attorney because he thought the arrest had been an embarrassment to him and his company.
Coors, 59, vice chairman and a director of Molson Coors Brewing Co., was pulled over by a state trooper May 28 after he left a friend's wedding celebration.
Company spokeswoman Kabira Hatland has said Coors rolled through a stop sign a block from his Golden home and was stopped by the officer in his driveway. She said his blood-alcohol content after a breath test was 0.088 percent, above the 0.08 percent level at which a motorist is considered to be driving under the influence.
Coors often appears in television ads for the company and ran for the U.S. Senate as a Republican in 2004. He issued a statement last month apologizing for not following his own advice to drink responsibly.
San Diego DUI? Immediate help at http://www.sandiegodui.com/survey.html
Friday, August 25, 2006
Woman in DUI hit-run sentenced to four months
SAN DIEGO – A woman who drove drunk and seriously injured a pedestrian in an Adams Avenue crosswalk, then fled the scene, was sentenced Wednesday to four years and four months in state prison.
Jessica Valenzuela, 28, pleaded guilty July 13 to driving under the influence of alcohol causing great bodily injury and hit-and-run.
Advertisement
Valenzuela hit Joseph Thomas Wilson with her car on May 10, breaking both of Wilson's legs.
Witness Kristine Pandes testified at a May 25 preliminary hearing that she heard screeching tires about 7:30 p.m. just before Valenzuela's car hit the victim “pretty much head-on.”
Witness Cody Chadwick testified that he saw Valenzuela make a “really wide” right turn as she exited northbound Interstate 805 at Adams Avenue.
Chadwick said the defendant's green Honda Civic was going about 25 to 30 mph when it struck Wilson, who was walking in the crosswalk.
Valenzuela stopped for two or three seconds, then drove off, Chadwick testified.
Chadwick said he followed the suspect's car and, with the help of another witness, trapped Valenzuela's car on a nearby street.
San Diego police Officer James Zirpolo said Valenzuela told him she had downed four or five shots of Jagermeister, a liqueur, at a downtown bar between 6 p.m. and 7 p.m.
Valenzuela's blood-alcohol level was measured at .17 percent after the accident, more than twice the legal limit, prosecutors said.
Zirpolo said Valenzuela was in no condition to drive a car safely.
Defense attorney Lei-Chala Wilson said Valenzuela became scared and fled after her car struck the victim.
Valenzuela was on probation for a petty theft conviction at the time of the collision, prosecutors said.
http://www.sandiegodui.com
http://www.sandiegoduihelp.com
http://www.sandiegoduilawyer.com
http://www.sandiegodui.com/survey.html
Jessica Valenzuela, 28, pleaded guilty July 13 to driving under the influence of alcohol causing great bodily injury and hit-and-run.
Advertisement
Valenzuela hit Joseph Thomas Wilson with her car on May 10, breaking both of Wilson's legs.
Witness Kristine Pandes testified at a May 25 preliminary hearing that she heard screeching tires about 7:30 p.m. just before Valenzuela's car hit the victim “pretty much head-on.”
Witness Cody Chadwick testified that he saw Valenzuela make a “really wide” right turn as she exited northbound Interstate 805 at Adams Avenue.
Chadwick said the defendant's green Honda Civic was going about 25 to 30 mph when it struck Wilson, who was walking in the crosswalk.
Valenzuela stopped for two or three seconds, then drove off, Chadwick testified.
Chadwick said he followed the suspect's car and, with the help of another witness, trapped Valenzuela's car on a nearby street.
San Diego police Officer James Zirpolo said Valenzuela told him she had downed four or five shots of Jagermeister, a liqueur, at a downtown bar between 6 p.m. and 7 p.m.
Valenzuela's blood-alcohol level was measured at .17 percent after the accident, more than twice the legal limit, prosecutors said.
Zirpolo said Valenzuela was in no condition to drive a car safely.
Defense attorney Lei-Chala Wilson said Valenzuela became scared and fled after her car struck the victim.
Valenzuela was on probation for a petty theft conviction at the time of the collision, prosecutors said.
http://www.sandiegodui.com
http://www.sandiegoduihelp.com
http://www.sandiegoduilawyer.com
http://www.sandiegodui.com/survey.html
Teen pleads guilty to fatal San Diego DUI
August 23, 2006
SAN DIEGO – An 18-year-old driver whose blood-alcohol level was nearly three times the legal limit when he ran over and killed a USD law student in Pacific Beach pleaded guilty Wednesday to felony charges.
Daniel Scott Hall spoke softly and appeared somber as he pleaded guilty to gross vehicular manslaughter while intoxicated and hit-and-run resulting in death.
He faces anywhere from probation to 11 years in state prison when sentenced Nov. 6 by Superior Court Judge George “Woody” Clarke.
Hall swerved to miss a row of cars near the intersection of Garnet and Haines Street and struck 25-year-old Christopher McCallister just before midnight on June 24, according to prosecutor Makenzie Harvey.
She said the victim was crossing the street with two roommates when he was hit almost head-on and thrown into the windshield of Hall's Toyota Celica.
McCallister was pronounced dead at the scene.
“Chris was an extraordinary human being with a bright and exciting future,” his mother said outside court. “He had a million friends. This young man touched many lives.”
McCallister's father, Chris, said he and his wife, who live in Albuquerque, N.M., had “25 wonderful years with him.”
Gerri McCallister said more than 900 people showed up at a memorial service for her son in Albuquerque, and another 500 attended a service in San Diego.
Classmates want to have another memorial service for him, according to his mother, who said the recently established Chris McCallister Scholarship Fund already contains $7,000.
She said Hall made the decision to drink and drive, and should receive the maximum sentence possible.
Shaun Schmidt, who was among those wearing a Mothers Against Drunk Driving red bracelet on his wrist in memory of his friend, said the victim “was just an outstanding individual.”
Kellie Matijasevic, who lives in Dallas, said seeing Hall plead guilty to killing her brother brought back the pain. “I miss his tremendously,” she said.
McCallister's roommates made it safely across the street and he was hit, but Hall narrowly missed one of them, Harvey said.
A witness noticed a car with a smashed windshield, saw the accident scene and called 911, the prosecutor said.
Officers stopped Hall's car 10 minutes later at Interstate 5 and Sea World Drive and took him into custody.
The defendant's blood-alcohol level was .23 percent after the accident, according to Harvey. The legal limit is .08.
Complete San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI.
Worry-free San Diego DUI help for San Diego DUI court and San Diego DMV. Help to save your license.
San Diego DUI Attorney Rick Mueller is the Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 22 years of experience. Known as the San Diego DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.
Simply complete Free Evaluation at http://www.SanDiegoDUI.com/survey.html for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people who necessarily become Clients.
http://www.sandiegoduihelp.com.
http://www.sandiegodui.com
http://www.sandiegoduilawyer.com
SAN DIEGO – An 18-year-old driver whose blood-alcohol level was nearly three times the legal limit when he ran over and killed a USD law student in Pacific Beach pleaded guilty Wednesday to felony charges.
Daniel Scott Hall spoke softly and appeared somber as he pleaded guilty to gross vehicular manslaughter while intoxicated and hit-and-run resulting in death.
He faces anywhere from probation to 11 years in state prison when sentenced Nov. 6 by Superior Court Judge George “Woody” Clarke.
Hall swerved to miss a row of cars near the intersection of Garnet and Haines Street and struck 25-year-old Christopher McCallister just before midnight on June 24, according to prosecutor Makenzie Harvey.
She said the victim was crossing the street with two roommates when he was hit almost head-on and thrown into the windshield of Hall's Toyota Celica.
McCallister was pronounced dead at the scene.
“Chris was an extraordinary human being with a bright and exciting future,” his mother said outside court. “He had a million friends. This young man touched many lives.”
McCallister's father, Chris, said he and his wife, who live in Albuquerque, N.M., had “25 wonderful years with him.”
Gerri McCallister said more than 900 people showed up at a memorial service for her son in Albuquerque, and another 500 attended a service in San Diego.
Classmates want to have another memorial service for him, according to his mother, who said the recently established Chris McCallister Scholarship Fund already contains $7,000.
She said Hall made the decision to drink and drive, and should receive the maximum sentence possible.
Shaun Schmidt, who was among those wearing a Mothers Against Drunk Driving red bracelet on his wrist in memory of his friend, said the victim “was just an outstanding individual.”
Kellie Matijasevic, who lives in Dallas, said seeing Hall plead guilty to killing her brother brought back the pain. “I miss his tremendously,” she said.
McCallister's roommates made it safely across the street and he was hit, but Hall narrowly missed one of them, Harvey said.
A witness noticed a car with a smashed windshield, saw the accident scene and called 911, the prosecutor said.
Officers stopped Hall's car 10 minutes later at Interstate 5 and Sea World Drive and took him into custody.
The defendant's blood-alcohol level was .23 percent after the accident, according to Harvey. The legal limit is .08.
Complete San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI.
Worry-free San Diego DUI help for San Diego DUI court and San Diego DMV. Help to save your license.
San Diego DUI Attorney Rick Mueller is the Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 22 years of experience. Known as the San Diego DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.
Simply complete Free Evaluation at http://www.SanDiegoDUI.com/survey.html for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people who necessarily become Clients.
http://www.sandiegoduihelp.com.
http://www.sandiegodui.com
http://www.sandiegoduilawyer.com
Thursday, August 24, 2006
San Diego DUI News: 1 in 7 sober drivers on the road suffers from diabetes
Diabetics commonly experience hypoglycemia (low blood sugar levels). And what are the symptoms? Slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation -- in other words, the classic symptoms of alcohol intoxication. This individual will look and act like a drunk driver to the officer, and will certainly fail any DUI "field sobriety tests." As one expert has observed, "Hypoglycemia [abnormally low levels of blood glucose) is frequently seen in connection with driving error on this nation's roads and highways...Even more frequent are unjustified Dues or Dais, stemming from hypoglycemic symptoms that can closely mimic those of a drunk driver." From "Hypoglycemia: Driving Under the Influence" in 8(1) Medical and Toxicological Information Review Sept. 2003.
Canadian scientists have reported that "approximately 200 compounds have been detected in the human breath." Manolis, The Diagnostic Potential of Breath Analysis, 29(1) Clinical Chemistry 5 (1983).
This study confirmed the presence of acetone on the breath in diabetics and in persons on a diet "associated with a weight reduction of about one-half pound per week." Id. at 9. Another study has confirmed that diabetics may give false indications of intoxication. In Brick, Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study, 9(1) Alcohol, Drugs and Driving (1993), a researcher found that expired ketones in the breath of an untreated diabetic can contribute to erroneously high breath-alcohol readings. Further, the acetone on the breath from ketoacidosis will result in an odor of alcohol. Finally, behavioral patterns of a diabetic whose blood-sugar level has dropped will include slurred speech, slow gait, impaired motor control, fumbling hand movements, and mental confusion--all symptomatic of intoxication.
Acetone may also be found on the breath of perfectly normal, healthy individuals. Yet, acetone is one of the compounds that will be detected on many breath analyzing instruments as ethanol. In the Intoxilyzer, for example, it is detected because acetone absorbs infrared energy in the 3.38 to 3.40 micron range--the same range where ethanol is found. Therefore, if acetone were introduced into the Intoxilyzer, the machine would simply register the presence of alcohol despite its absence. If an individual had 525 micrograms per liter of acetone in the breath, he would register a blood-alcohol level of . 02 to .03 percent. Thus, if an individual with a true blood-alcohol level of .08 percent had that amount of acetone, the Intoxilyzer would register in the area of.l0 to .11 percent.
The National Highway Traffic Safety Administration has published a report entitled The Likelihood of Acetone Interference in Breath Alcohol Measurement (DOT HS--806-922). The report basically summarizes scientific literature on the subject, concluding that normal individuals have insignificant levels of acetone on their breath. The data indicated, however, that dieters can have higher levels and that diabetics not in control of their blood-sugar had levels hundreds or even thousands of times higher than normal
a study confirming the effects of acetone in diabetics can be found in Mormann, Olsen, Sakshaug, and Morland, Measurement of Ethanol by Alkomat Breath Analyzer; Chemical Specificity and the Influence of Lung Function, Breath Technique and Environmental Temperature, 25 Blutalkohol 153 (1988). Diabetic subjects in that study also were found to have acetone levels sufficient to produce breath-alcohol readings of .06 percent.
Breath testing machines, such as the Intoxilyzer 5000, suffer from a little-known design defect: they do not actually measure alcohol! Rather, they use infrared beams of light which are absorbed by any chemical compound (including ethyl alcohol) in the breath which contains the "methyl group" in its molecular structure; the more absorption, the higher the blood-alcohol reading. The machine is programmed to assume that the compound is "probably" alcohol. Unfortunately, thousands of compounds containing the methyl group can register as alcohol. One of these is "acetone". And a well-documented by-product of hypoglycemia is a state called "ketoacidosis", which causes the production of acetones in the breath. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic's breath where there may be little or none. See, for example, Brick, "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993).
Fact: roughly one in seven sober drivers on the road suffers from diabetes.
http://www.SanDiegoDUI.com
http://www.SanDiegoDUIhelp.com
http://www.SanDiegoDUIlawyer.com
Canadian scientists have reported that "approximately 200 compounds have been detected in the human breath." Manolis, The Diagnostic Potential of Breath Analysis, 29(1) Clinical Chemistry 5 (1983).
This study confirmed the presence of acetone on the breath in diabetics and in persons on a diet "associated with a weight reduction of about one-half pound per week." Id. at 9. Another study has confirmed that diabetics may give false indications of intoxication. In Brick, Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study, 9(1) Alcohol, Drugs and Driving (1993), a researcher found that expired ketones in the breath of an untreated diabetic can contribute to erroneously high breath-alcohol readings. Further, the acetone on the breath from ketoacidosis will result in an odor of alcohol. Finally, behavioral patterns of a diabetic whose blood-sugar level has dropped will include slurred speech, slow gait, impaired motor control, fumbling hand movements, and mental confusion--all symptomatic of intoxication.
Acetone may also be found on the breath of perfectly normal, healthy individuals. Yet, acetone is one of the compounds that will be detected on many breath analyzing instruments as ethanol. In the Intoxilyzer, for example, it is detected because acetone absorbs infrared energy in the 3.38 to 3.40 micron range--the same range where ethanol is found. Therefore, if acetone were introduced into the Intoxilyzer, the machine would simply register the presence of alcohol despite its absence. If an individual had 525 micrograms per liter of acetone in the breath, he would register a blood-alcohol level of . 02 to .03 percent. Thus, if an individual with a true blood-alcohol level of .08 percent had that amount of acetone, the Intoxilyzer would register in the area of.l0 to .11 percent.
The National Highway Traffic Safety Administration has published a report entitled The Likelihood of Acetone Interference in Breath Alcohol Measurement (DOT HS--806-922). The report basically summarizes scientific literature on the subject, concluding that normal individuals have insignificant levels of acetone on their breath. The data indicated, however, that dieters can have higher levels and that diabetics not in control of their blood-sugar had levels hundreds or even thousands of times higher than normal
a study confirming the effects of acetone in diabetics can be found in Mormann, Olsen, Sakshaug, and Morland, Measurement of Ethanol by Alkomat Breath Analyzer; Chemical Specificity and the Influence of Lung Function, Breath Technique and Environmental Temperature, 25 Blutalkohol 153 (1988). Diabetic subjects in that study also were found to have acetone levels sufficient to produce breath-alcohol readings of .06 percent.
Breath testing machines, such as the Intoxilyzer 5000, suffer from a little-known design defect: they do not actually measure alcohol! Rather, they use infrared beams of light which are absorbed by any chemical compound (including ethyl alcohol) in the breath which contains the "methyl group" in its molecular structure; the more absorption, the higher the blood-alcohol reading. The machine is programmed to assume that the compound is "probably" alcohol. Unfortunately, thousands of compounds containing the methyl group can register as alcohol. One of these is "acetone". And a well-documented by-product of hypoglycemia is a state called "ketoacidosis", which causes the production of acetones in the breath. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic's breath where there may be little or none. See, for example, Brick, "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993).
Fact: roughly one in seven sober drivers on the road suffers from diabetes.
http://www.SanDiegoDUI.com
http://www.SanDiegoDUIhelp.com
http://www.SanDiegoDUIlawyer.com
Wednesday, August 23, 2006
San Diego DUI news: License suspensions being extended in certain cases to 6 months and 9 months for hi-BAC drivers
BILL NUMBER: SB 1756 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 17, 2006
PASSED THE SENATE APRIL 27, 2006
AMENDED IN SENATE APRIL 26, 2006
AMENDED IN SENATE MARCH 27, 2006
INTRODUCED BY Senator Migden
FEBRUARY 24, 2006
An act to amend Section 11836 of the Health and Safety Code, to
amend Sections 13352, 13352.4, 23536, and 23538 of, and to add
Section 13352.1 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1756, Migden Vehicles: driving under the influence: driver's
license suspension: restricted driver's license.
(1) Existing law requires the Department of Motor Vehicles to
immediately suspend or revoke the privilege of a person to operate a
motor vehicle upon receipt of an abstract of the record of a court
showing that the person has been convicted of specified provisions
prohibiting driving under the influence (DUI). If the person has been
convicted of a first offense, without causing bodily injury to
another, existing law prohibits the reinstatement of that privilege
for a period of 6 months and until the person complies with certain
conditions. In a county where the board of supervisors has approved,
and the State Department of Alcohol and Drug Programs has licensed
one or more driving-under-the-influence programs, as defined,
existing law requires a court that places a person on probation who
is a first time offender whose blood alcohol concentration was 0.20%
or more, by weight, or who refused to take a chemical test, and who
is punished under a specified provision of law, to refer the person
to participate for at least 9 months in a licensed
driving-under-the-influence program.
This bill would increase the period of driver's license
suspension, for a person convicted of a first DUI offense, without
causing bodily injury to another, whose blood alcohol concentration
was 0.20% or more, by weight, or who refused to take a chemical test,
from 6 months to 10 months, if the person is placed on probation, as
specified.
(2) This bill would make conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11836 of the Health and Safety Code is amended
to read:
11836. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program. As used in this chapter,
"program" means any firm, partnership, association, corporation,
local governmental entity, agency, or place that has been initially
recommended by the county board of supervisors, subject to any
limitation imposed pursuant to subdivisions (c) and (d), and that is
subsequently licensed by the department to provide alcohol or drug
recovery services in that county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place any restrictions on a
program that would violate any statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect any license that has been
previously issued by the department or the renewal of any license for
a driving-under-the-influence program. In counties where a contract
or other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.
SEC. 2. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109. If an offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For
the purposes of this section, suspension or revocation shall be as
follows:
(1) Except as required under Section 13352.1 or Section 13352.4,
upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.
The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in paragraph (4) of subdivision (b) of Section
23542, the department shall require that program in lieu of the
program described in subdivision (b) of Section 23538. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given to any program
activities completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision (b)
of Section 23562. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date of the
current violation. The department shall advise the person that after
the completion of 12 months of the revocation period, which may
include credit for a suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court. The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
SEC. 3. Section 13352.1 is added to the Vehicle Code, to read:
13352.1. (a) Pursuant to subdivision (a) of Section 13352 and
except required under Section 13352.4, upon a conviction or finding
of a violation of Section 23152 punishable under Section 23536, if
the court refers the person to a program pursuant to paragraph (2) of
subdivision (b) of Section 23538, the privilege shall be suspended
for ten months.
(b) The privilege may not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. For the purposes
of this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
SEC. 4. Section 13352.4 of the Vehicle Code is amended to read:
13352.4. (a) Except as provided in subdivision (h), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, if the person
meets all of the following requirements:
(1) Submits proof satisfactory to the department of enrollment in,
or completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23538.
(2) Submits proof of financial responsibility, as defined in
Section 16430.
(3) Pays all applicable reinstatement or reissue fees and any
restriction fee required by the department.
(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the
final day of the original suspension imposed under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, or until the
date all reinstatement requirements described in Section 13352 or
Section 13352.1 have been met, whichever date is later, and may
include credit for any suspension period served under subdivision (c)
of Section 13353.3.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person's place of
employment, driving during the course of employment, and driving to
and from activities required in the driving-under-the-influence
program.
(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
(f) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352
or Section 13352.1 immediately upon receipt of notification from the
driving-under-the-influence program that the person has failed to
comply with the program requirements. The privilege shall remain
suspended until the final day of the original suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, or until the date all reinstatement requirements described
in Section 13352 or Section 13352.1 have been met, whichever date is
later.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1 is not eligible
for the restricted driver's license authorized under this section.
(h) If, upon conviction, the court has made the determination, as
authorized under subdivision (d) of Section 23536 or paragraph (3) of
subdivision (a) of Section 23538, to disallow the issuance of a
restricted driver's license, the department may not issue a
restricted driver's license under this section.
SEC. 5. Section 23536 of the Vehicle Code is amended to read:
23536. (a) If a person is convicted of a first violation of
Section 23152, that person shall be punished by imprisonment in the
county jail for not less than 96 hours, at least 48 hours of which
shall be continuous, nor more than six months, and by a fine of not
less than three hundred ninety dollars ($390), nor more than one
thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision
(a), who is to be punished by imprisonment in the county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court. If the court determines that 48
hours of continuous imprisonment would interfere with the person's
work schedule, the court shall allow the person to serve the
imprisonment whenever the person is normally scheduled for time off
from work. The court may make this determination based upon a
representation from the defendant's attorney or upon an affidavit or
testimony from the defendant.
(c) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(d) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, the court may disallow the issuance of a restricted driver's
license required under Section 13352.4.
SEC. 6. Section 23538 of the Vehicle Code is amended to read:
23538. (a) (1) If the court grants probation to person punished
under Section 23536, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person pay a fine
of at least three hundred ninety dollars ($390), but not more than
one thousand dollars ($1,000). The court may also impose, as a
condition of probation, that the person be confined in a county jail
for at least 48 hours, but not more than six months.
(2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(3) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, the court may disallow the issuance of a restricted driver's
license required under Section 13352.4.
(b) In any county where the board of supervisors has approved, and
the State Department of Alcohol and Drug Programs has licensed, a
program or programs described in Section 11837.3 of the Health and
Safety Code, the court shall also impose as a condition of probation
that the driver shall enroll and participate in, and successfully
complete a driving-under-the-influence program, licensed pursuant to
Section 11836 of the Health and Safety Code, in the driver's county
of residence or employment, as designated by the court. For the
purposes of this subdivision, enrollment in, participation in, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given for any program
activities completed prior to the date of the current violation.
(1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code.
(2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for at least nine months or
longer, as ordered by the court, in a licensed program that consists
of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code.
(3) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the department of successful completion of a
driving-under-the-influence program of the length required under this
code that is licensed pursuant to Section 11836 of the Health and
Safety Code has been received in the department's headquarters.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State Department of
Alcohol and Drug Programs. That reporting shall ensure that all
persons who, after being ordered to attend and complete a program,
may be identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
BILL NUMBER: SB 1756 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 17, 2006
PASSED THE SENATE APRIL 27, 2006
AMENDED IN SENATE APRIL 26, 2006
AMENDED IN SENATE MARCH 27, 2006
INTRODUCED BY Senator Migden
FEBRUARY 24, 2006
An act to amend Section 11836 of the Health and Safety Code, to
amend Sections 13352, 13352.4, 23536, and 23538 of, and to add
Section 13352.1 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1756, Migden Vehicles: driving under the influence: driver's
license suspension: restricted driver's license.
(1) Existing law requires the Department of Motor Vehicles to
immediately suspend or revoke the privilege of a person to operate a
motor vehicle upon receipt of an abstract of the record of a court
showing that the person has been convicted of specified provisions
prohibiting driving under the influence (DUI). If the person has been
convicted of a first offense, without causing bodily injury to
another, existing law prohibits the reinstatement of that privilege
for a period of 6 months and until the person complies with certain
conditions. In a county where the board of supervisors has approved,
and the State Department of Alcohol and Drug Programs has licensed
one or more driving-under-the-influence programs, as defined,
existing law requires a court that places a person on probation who
is a first time offender whose blood alcohol concentration was 0.20%
or more, by weight, or who refused to take a chemical test, and who
is punished under a specified provision of law, to refer the person
to participate for at least 9 months in a licensed
driving-under-the-influence program.
This bill would increase the period of driver's license
suspension, for a person convicted of a first DUI offense, without
causing bodily injury to another, whose blood alcohol concentration
was 0.20% or more, by weight, or who refused to take a chemical test,
from 6 months to 10 months, if the person is placed on probation, as
specified.
(2) This bill would make conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11836 of the Health and Safety Code is amended
to read:
11836. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program. As used in this chapter,
"program" means any firm, partnership, association, corporation,
local governmental entity, agency, or place that has been initially
recommended by the county board of supervisors, subject to any
limitation imposed pursuant to subdivisions (c) and (d), and that is
subsequently licensed by the department to provide alcohol or drug
recovery services in that county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place any restrictions on a
program that would violate any statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect any license that has been
previously issued by the department or the renewal of any license for
a driving-under-the-influence program. In counties where a contract
or other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.
SEC. 2. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109. If an offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For
the purposes of this section, suspension or revocation shall be as
follows:
(1) Except as required under Section 13352.1 or Section 13352.4,
upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.
The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in paragraph (4) of subdivision (b) of Section
23542, the department shall require that program in lieu of the
program described in subdivision (b) of Section 23538. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given to any program
activities completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision (b)
of Section 23562. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date of the
current violation. The department shall advise the person that after
the completion of 12 months of the revocation period, which may
include credit for a suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court. The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
SEC. 3. Section 13352.1 is added to the Vehicle Code, to read:
13352.1. (a) Pursuant to subdivision (a) of Section 13352 and
except required under Section 13352.4, upon a conviction or finding
of a violation of Section 23152 punishable under Section 23536, if
the court refers the person to a program pursuant to paragraph (2) of
subdivision (b) of Section 23538, the privilege shall be suspended
for ten months.
(b) The privilege may not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. For the purposes
of this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
SEC. 4. Section 13352.4 of the Vehicle Code is amended to read:
13352.4. (a) Except as provided in subdivision (h), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, if the person
meets all of the following requirements:
(1) Submits proof satisfactory to the department of enrollment in,
or completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23538.
(2) Submits proof of financial responsibility, as defined in
Section 16430.
(3) Pays all applicable reinstatement or reissue fees and any
restriction fee required by the department.
(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the
final day of the original suspension imposed under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, or until the
date all reinstatement requirements described in Section 13352 or
Section 13352.1 have been met, whichever date is later, and may
include credit for any suspension period served under subdivision (c)
of Section 13353.3.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person's place of
employment, driving during the course of employment, and driving to
and from activities required in the driving-under-the-influence
program.
(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
(f) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352
or Section 13352.1 immediately upon receipt of notification from the
driving-under-the-influence program that the person has failed to
comply with the program requirements. The privilege shall remain
suspended until the final day of the original suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, or until the date all reinstatement requirements described
in Section 13352 or Section 13352.1 have been met, whichever date is
later.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1 is not eligible
for the restricted driver's license authorized under this section.
(h) If, upon conviction, the court has made the determination, as
authorized under subdivision (d) of Section 23536 or paragraph (3) of
subdivision (a) of Section 23538, to disallow the issuance of a
restricted driver's license, the department may not issue a
restricted driver's license under this section.
SEC. 5. Section 23536 of the Vehicle Code is amended to read:
23536. (a) If a person is convicted of a first violation of
Section 23152, that person shall be punished by imprisonment in the
county jail for not less than 96 hours, at least 48 hours of which
shall be continuous, nor more than six months, and by a fine of not
less than three hundred ninety dollars ($390), nor more than one
thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision
(a), who is to be punished by imprisonment in the county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court. If the court determines that 48
hours of continuous imprisonment would interfere with the person's
work schedule, the court shall allow the person to serve the
imprisonment wheneve
BILL TEXT
PASSED THE ASSEMBLY AUGUST 17, 2006
PASSED THE SENATE APRIL 27, 2006
AMENDED IN SENATE APRIL 26, 2006
AMENDED IN SENATE MARCH 27, 2006
INTRODUCED BY Senator Migden
FEBRUARY 24, 2006
An act to amend Section 11836 of the Health and Safety Code, to
amend Sections 13352, 13352.4, 23536, and 23538 of, and to add
Section 13352.1 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1756, Migden Vehicles: driving under the influence: driver's
license suspension: restricted driver's license.
(1) Existing law requires the Department of Motor Vehicles to
immediately suspend or revoke the privilege of a person to operate a
motor vehicle upon receipt of an abstract of the record of a court
showing that the person has been convicted of specified provisions
prohibiting driving under the influence (DUI). If the person has been
convicted of a first offense, without causing bodily injury to
another, existing law prohibits the reinstatement of that privilege
for a period of 6 months and until the person complies with certain
conditions. In a county where the board of supervisors has approved,
and the State Department of Alcohol and Drug Programs has licensed
one or more driving-under-the-influence programs, as defined,
existing law requires a court that places a person on probation who
is a first time offender whose blood alcohol concentration was 0.20%
or more, by weight, or who refused to take a chemical test, and who
is punished under a specified provision of law, to refer the person
to participate for at least 9 months in a licensed
driving-under-the-influence program.
This bill would increase the period of driver's license
suspension, for a person convicted of a first DUI offense, without
causing bodily injury to another, whose blood alcohol concentration
was 0.20% or more, by weight, or who refused to take a chemical test,
from 6 months to 10 months, if the person is placed on probation, as
specified.
(2) This bill would make conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11836 of the Health and Safety Code is amended
to read:
11836. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program. As used in this chapter,
"program" means any firm, partnership, association, corporation,
local governmental entity, agency, or place that has been initially
recommended by the county board of supervisors, subject to any
limitation imposed pursuant to subdivisions (c) and (d), and that is
subsequently licensed by the department to provide alcohol or drug
recovery services in that county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place any restrictions on a
program that would violate any statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect any license that has been
previously issued by the department or the renewal of any license for
a driving-under-the-influence program. In counties where a contract
or other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.
SEC. 2. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109. If an offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For
the purposes of this section, suspension or revocation shall be as
follows:
(1) Except as required under Section 13352.1 or Section 13352.4,
upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.
The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in paragraph (4) of subdivision (b) of Section
23542, the department shall require that program in lieu of the
program described in subdivision (b) of Section 23538. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given to any program
activities completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision (b)
of Section 23562. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date of the
current violation. The department shall advise the person that after
the completion of 12 months of the revocation period, which may
include credit for a suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court. The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
SEC. 3. Section 13352.1 is added to the Vehicle Code, to read:
13352.1. (a) Pursuant to subdivision (a) of Section 13352 and
except required under Section 13352.4, upon a conviction or finding
of a violation of Section 23152 punishable under Section 23536, if
the court refers the person to a program pursuant to paragraph (2) of
subdivision (b) of Section 23538, the privilege shall be suspended
for ten months.
(b) The privilege may not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. For the purposes
of this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
SEC. 4. Section 13352.4 of the Vehicle Code is amended to read:
13352.4. (a) Except as provided in subdivision (h), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, if the person
meets all of the following requirements:
(1) Submits proof satisfactory to the department of enrollment in,
or completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23538.
(2) Submits proof of financial responsibility, as defined in
Section 16430.
(3) Pays all applicable reinstatement or reissue fees and any
restriction fee required by the department.
(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the
final day of the original suspension imposed under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, or until the
date all reinstatement requirements described in Section 13352 or
Section 13352.1 have been met, whichever date is later, and may
include credit for any suspension period served under subdivision (c)
of Section 13353.3.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person's place of
employment, driving during the course of employment, and driving to
and from activities required in the driving-under-the-influence
program.
(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
(f) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352
or Section 13352.1 immediately upon receipt of notification from the
driving-under-the-influence program that the person has failed to
comply with the program requirements. The privilege shall remain
suspended until the final day of the original suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, or until the date all reinstatement requirements described
in Section 13352 or Section 13352.1 have been met, whichever date is
later.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1 is not eligible
for the restricted driver's license authorized under this section.
(h) If, upon conviction, the court has made the determination, as
authorized under subdivision (d) of Section 23536 or paragraph (3) of
subdivision (a) of Section 23538, to disallow the issuance of a
restricted driver's license, the department may not issue a
restricted driver's license under this section.
SEC. 5. Section 23536 of the Vehicle Code is amended to read:
23536. (a) If a person is convicted of a first violation of
Section 23152, that person shall be punished by imprisonment in the
county jail for not less than 96 hours, at least 48 hours of which
shall be continuous, nor more than six months, and by a fine of not
less than three hundred ninety dollars ($390), nor more than one
thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision
(a), who is to be punished by imprisonment in the county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court. If the court determines that 48
hours of continuous imprisonment would interfere with the person's
work schedule, the court shall allow the person to serve the
imprisonment whenever the person is normally scheduled for time off
from work. The court may make this determination based upon a
representation from the defendant's attorney or upon an affidavit or
testimony from the defendant.
(c) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(d) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, the court may disallow the issuance of a restricted driver's
license required under Section 13352.4.
SEC. 6. Section 23538 of the Vehicle Code is amended to read:
23538. (a) (1) If the court grants probation to person punished
under Section 23536, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person pay a fine
of at least three hundred ninety dollars ($390), but not more than
one thousand dollars ($1,000). The court may also impose, as a
condition of probation, that the person be confined in a county jail
for at least 48 hours, but not more than six months.
(2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(3) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, the court may disallow the issuance of a restricted driver's
license required under Section 13352.4.
(b) In any county where the board of supervisors has approved, and
the State Department of Alcohol and Drug Programs has licensed, a
program or programs described in Section 11837.3 of the Health and
Safety Code, the court shall also impose as a condition of probation
that the driver shall enroll and participate in, and successfully
complete a driving-under-the-influence program, licensed pursuant to
Section 11836 of the Health and Safety Code, in the driver's county
of residence or employment, as designated by the court. For the
purposes of this subdivision, enrollment in, participation in, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given for any program
activities completed prior to the date of the current violation.
(1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code.
(2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for at least nine months or
longer, as ordered by the court, in a licensed program that consists
of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code.
(3) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the department of successful completion of a
driving-under-the-influence program of the length required under this
code that is licensed pursuant to Section 11836 of the Health and
Safety Code has been received in the department's headquarters.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State Department of
Alcohol and Drug Programs. That reporting shall ensure that all
persons who, after being ordered to attend and complete a program,
may be identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
BILL NUMBER: SB 1756 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 17, 2006
PASSED THE SENATE APRIL 27, 2006
AMENDED IN SENATE APRIL 26, 2006
AMENDED IN SENATE MARCH 27, 2006
INTRODUCED BY Senator Migden
FEBRUARY 24, 2006
An act to amend Section 11836 of the Health and Safety Code, to
amend Sections 13352, 13352.4, 23536, and 23538 of, and to add
Section 13352.1 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1756, Migden Vehicles: driving under the influence: driver's
license suspension: restricted driver's license.
(1) Existing law requires the Department of Motor Vehicles to
immediately suspend or revoke the privilege of a person to operate a
motor vehicle upon receipt of an abstract of the record of a court
showing that the person has been convicted of specified provisions
prohibiting driving under the influence (DUI). If the person has been
convicted of a first offense, without causing bodily injury to
another, existing law prohibits the reinstatement of that privilege
for a period of 6 months and until the person complies with certain
conditions. In a county where the board of supervisors has approved,
and the State Department of Alcohol and Drug Programs has licensed
one or more driving-under-the-influence programs, as defined,
existing law requires a court that places a person on probation who
is a first time offender whose blood alcohol concentration was 0.20%
or more, by weight, or who refused to take a chemical test, and who
is punished under a specified provision of law, to refer the person
to participate for at least 9 months in a licensed
driving-under-the-influence program.
This bill would increase the period of driver's license
suspension, for a person convicted of a first DUI offense, without
causing bodily injury to another, whose blood alcohol concentration
was 0.20% or more, by weight, or who refused to take a chemical test,
from 6 months to 10 months, if the person is placed on probation, as
specified.
(2) This bill would make conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11836 of the Health and Safety Code is amended
to read:
11836. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program. As used in this chapter,
"program" means any firm, partnership, association, corporation,
local governmental entity, agency, or place that has been initially
recommended by the county board of supervisors, subject to any
limitation imposed pursuant to subdivisions (c) and (d), and that is
subsequently licensed by the department to provide alcohol or drug
recovery services in that county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place any restrictions on a
program that would violate any statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect any license that has been
previously issued by the department or the renewal of any license for
a driving-under-the-influence program. In counties where a contract
or other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.
SEC. 2. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109. If an offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For
the purposes of this section, suspension or revocation shall be as
follows:
(1) Except as required under Section 13352.1 or Section 13352.4,
upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.
The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in paragraph (4) of subdivision (b) of Section
23542, the department shall require that program in lieu of the
program described in subdivision (b) of Section 23538. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given to any program
activities completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision (b)
of Section 23562. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be
given to any program activities completed prior to the date of the
current violation. The department shall advise the person that after
the completion of 12 months of the revocation period, which may
include credit for a suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after completion of 12 months of the revocation period, which
may include credit for a suspension period served under subdivision
(c) of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court. The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
SEC. 3. Section 13352.1 is added to the Vehicle Code, to read:
13352.1. (a) Pursuant to subdivision (a) of Section 13352 and
except required under Section 13352.4, upon a conviction or finding
of a violation of Section 23152 punishable under Section 23536, if
the court refers the person to a program pursuant to paragraph (2) of
subdivision (b) of Section 23538, the privilege shall be suspended
for ten months.
(b) The privilege may not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. For the purposes
of this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
SEC. 4. Section 13352.4 of the Vehicle Code is amended to read:
13352.4. (a) Except as provided in subdivision (h), the
department shall issue a restricted driver's license to a person
whose driver's license was suspended under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, if the person
meets all of the following requirements:
(1) Submits proof satisfactory to the department of enrollment in,
or completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23538.
(2) Submits proof of financial responsibility, as defined in
Section 16430.
(3) Pays all applicable reinstatement or reissue fees and any
restriction fee required by the department.
(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the
final day of the original suspension imposed under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1, or until the
date all reinstatement requirements described in Section 13352 or
Section 13352.1 have been met, whichever date is later, and may
include credit for any suspension period served under subdivision (c)
of Section 13353.3.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person's place of
employment, driving during the course of employment, and driving to
and from activities required in the driving-under-the-influence
program.
(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
(f) The department shall terminate the restriction issued under
this section and shall suspend the privilege to operate a motor
vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352
or Section 13352.1 immediately upon receipt of notification from the
driving-under-the-influence program that the person has failed to
comply with the program requirements. The privilege shall remain
suspended until the final day of the original suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, or until the date all reinstatement requirements described
in Section 13352 or Section 13352.1 have been met, whichever date is
later.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under paragraph (1) of
subdivision (a) of Section 13352 or Section 13352.1 is not eligible
for the restricted driver's license authorized under this section.
(h) If, upon conviction, the court has made the determination, as
authorized under subdivision (d) of Section 23536 or paragraph (3) of
subdivision (a) of Section 23538, to disallow the issuance of a
restricted driver's license, the department may not issue a
restricted driver's license under this section.
SEC. 5. Section 23536 of the Vehicle Code is amended to read:
23536. (a) If a person is convicted of a first violation of
Section 23152, that person shall be punished by imprisonment in the
county jail for not less than 96 hours, at least 48 hours of which
shall be continuous, nor more than six months, and by a fine of not
less than three hundred ninety dollars ($390), nor more than one
thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision
(a), who is to be punished by imprisonment in the county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court. If the court determines that 48
hours of continuous imprisonment would interfere with the person's
work schedule, the court shall allow the person to serve the
imprisonment wheneve