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Several new driving laws took
effect in California on Jan. 1, 2009, and being aware of them will help
you to avoid trouble with police this year. However, sometimes trouble
with the law is unavoidable, and if you're facing a California criminal
charge, you need an experienced Riverside attorney on your side. If
you need legal help, please contact
a skilled Riverside attorney from The Kavinoky Law Firm at 1.800.384.5297 for a free consultation.
One of the most talked-about
new laws in California is the ban on texting while driving. Starting
on Jan. 1 2009 it became against the law to type, read or send electronic
messages while behind the wheel. The punishment for violating California's
text-messaging ban is the same as for breaking the law requiring only
hands-free devices when talking on the phone while driving - a $20
fine for a first offense and a $50 fine for a repeat offense. However,
California's "penalty assessment" means the actual fine will be
substantially greater.
Keep in mind that violating
the text-messaging ban or the prohibition against handheld phones while
driving gives police probable cause to
stop you and can lead to a more serious criminal charge such as DUI.
Using your electronic devices responsibly
while behind the wheel can help you avoid more serious trouble with
the law.
Another new California law
impacts drivers who are on probation for California DUI. California
adopted a new zero-tolerance law that prohibits drivers who are on probation
for DUI from getting behind the wheel with any measurable amount
of alcohol in their systems. Those who violate this law will have their driver's licenses
suspended.
California has also lowered
the blood alcohol content, or BAC limit, for when judges must consider
ordering an ignition
interlock device,
or IID, in DUI cases. The old law mandated that judges were required
to give "heightened consideration" to ordering an ignition interlock
in drunk driving cases where the driver's BAC was .20 percent or greater.
The new statute lowers the threshold for an IID, which prevents the
vehicle from starting if the driver cannot provide an alcohol-free breath
sample, to .15 percent BAC.
Beginning in July 2009, drivers
whose licenses were suspended for a DUI conviction who are caught driving
will also be required to install an ignition interlock device. Authority
over mandatory IID use will be transferred from the courts to the California
DMV at the same time.
California enacted yet another
new law that requires drivers convicted of DUI or alcohol-related reckless
driving - also known as "wet-reckless" - who have a prior conviction
for DUI or wet-reckless offense within the past 10 years to complete
a nine-month alcohol-education program.
Other new California driving
laws include stricter repercussions for individuals who make unnecessary
911 calls, new criminal consequences for forging Clean Air stickers,
and modifications to the law that governs where GPS units can be mounted.
Under the previous law, it was against the law to mount the unit on
the windshield. Drivers can now mount the devices in a 7-inch square
on the lower passenger side of the windshield or a 5-inch square on
the lower corner of the driver's side.
Being informed about California's
ever-evolving vehicle and criminal codes will help you avoid legal trouble.
However, should you need a defense lawyer, a knowledgeable Riverside
attorney from The Kavinoky Law Firm is ready to help. Contact us today
at 1.800.384.5297 for a free
consultation.
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