Thursday, January 01, 2009

 

New Year online campaign - a new California law is trying to get people with prior DUI convictions

San Diego California DUI criminal defense lawyers are told an online campaign and a new California law is trying to get people with prior DUI convictions from getting behind the wheel.

The goal is trying to decrease the rate of drunken driving in Sacramento County through the integration of radio, television, out –of-home, online and guerrilla marketing.

"We need to get to them in different ways. We need to get to them through Web sites. We need to get to them through media that is not traditional. That is where they go to get there news and information."

Checkpoints are in effect in Imperial California this weekend.

California has a new year's resolution for motorists; keep your hands on the wheel and off your cell phone, among other new laws.

Starting January 1st, 2009, you could get ticketed for sending or reading text messages while driving. This is just one of several new California laws going into effect.

Other new statutes will set up a state certification system for massage therapists, impose new safety requirements for wave pools, provide additional safeguards against misleading sweepstakes pitches, and ensure gender equality when married couples pick a last name.

Also taking effect are laws regulating pet shops, banning a chemical commonly used in children's toys, and making it tougher for teachers who commit sex crimes to stay in the classroom.

More laws are listed in detail below and also on the DMV website, at the top of this article.

*DUI Probation License Suspension. A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver's license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.

Rules governing driving under the influence get stricter. Assembly Bill 1165, by former Assemblyman Bill Maze, R-Visalia, provides zero tolerance for anyone on probation for DUI, making it illegal to drive with a blood-alcohol level of 0.01 percent or more. It also provides for license suspension. AB 2802 requires a person convicted of alcohol-related reckless driving to participate in a DUI program for at least nine months if that person has a similar conviction within 10 years.

Drunk driving: Drivers on probation for DUI convictions face suspension of their license and towing of their vehicle if they drive on California highways with a blood or breath alcohol level of .01% or higher.

Drivers in general and those who like to text-message behind the wheel in particular will have new laws to follow beginning New Year's Day.


Some make penalties for repeat DUI offenders more severe, while others adjust existing laws, such as a new ban on text-based communication while driving.


The ban on using hand-held cell phones while driving enacted earlier this year had allowed some text-based communication, said Officer Don Bloyd of the California Highway Patrol.


The previous law made texting illegal only for drivers under 18; now the ban will be expanded to all drivers.



According to CHP reports, a four-car accident in October that caused the death of a Smith River man and injured others was suspected of being caused by a woman texting while driving.


Bloyd said the Del Norte County CHP office has written numerous tickets for cell-phone use while driving, but the numbers will not be available until next year.


Cell use while driving tickets cost drivers $20 on the first infraction and $50 for the next. However, "the (total) cost of the citation will be significantly higher because of court costs and fees," Bloyd said.


New laws seeking to reduce drunken driving also begin Thursday:


• DUI Zero Tolerance, prohibits a DUI offender from operating a vehicle with a .01 or higher blood alcohol content (BAC). The law also requires the driver to submit to the portable Preliminary Alcohol Screening (PAS) test to determine the presence of alcohol. If drivers refuse, or have a BAC of .01 or higher, their licenses will be taken and driving privileges suspended.


• Ignition Interlock Devices (SB 1388) transfers the authority to administer mandatory IID programs from state courts to the Department of Motor Vehicles. An IID is a device a driver blows into to determine alcohol content, if the level is too high, the device will lock the vehicle's ignition. The law authorizes the DMV to require any driver convicted of driving with a suspended license due to a prior DUI conviction to install an IID in any vehicle the driver owns or operates.


• AB 2802 requires the court to order a person convicted of alcohol-related reckless driving to participate in a licensed DUI program for at least nine months if the person has a previous DUI conviction within 10 years. The court will also be required to take the person's license for failure to enroll, participate or complete the DUI program.


Bloyd said the CHP has made many local DUI arrests this year, some of which occurred after fatal accidents.

"We do arrest quite a few people for driving under the influence and this year there have been quite a few serious accidents," said Bloyd.


CHP statistics show 206,196 DUI arrests were made in 2007 statewide.


Bloyd said Del Norte's statistics won't be available until mid-January


If you have been arrested or cited for a DUI or drunk driving offense that occurred in the San Diego area, you need the best San Diego DUI attorney available to defend your San Diego drunk driving case.



An experienced San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. With a goal to protect your legal rights and reduce penalties to the minimum, you San Diego DUI criminal defense lawyer will keep you advised every step of the way.



In order to properly defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation immediately.



Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.



The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.



If your San Diego DUI criminal lawyer identifies an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismissal.



However, if all proper San Diego procedures were followed - an unlikely event - your San Diego DUI attorney will nonetheless defend your San Diego drunk driving case to the most professional extent.



A first San Diego DUI / drunk driving offense is the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.



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