California-Vehicle-Code - Law Offices of William W. Bruzzo

Andrew Gallo’s Trial

Law Offices of William W. Bruzzo — Thu, 23 Sep 2010 02:27:00 GMT

Video surveillance was presented to the jury in the case of Andrew Gallo, who is on trial for three counts of second degree murder, various enhancements for inflicting great bodily harm and one misdemeanor related to driving under the influence. In the video surveillance of a Covina bar, Gallo and his step brother Raymond Rivera are seen drinking five beers, and four shots of rice-wine. According to the Orange County Register two of the beers were served in a glass that can hold three pints. Also the prosecution explained that the pair had stopped previously at two other locations where they had beers and shots as well. After Covina, they walked to another bar and had at least one beer and one shot. When officials took Gallo’s blood alcohol level, it was .22 almost three times the legal limit. The prosecution is pressing for murder charges because of Gallo’s previous DUI’s, arguing that he was well aware of the risk and potential dangers of drinking and driving. See, Vehicle Code Section 23153 (a) (b).

Click It or Ticket

Law Offices of William W. Bruzzo — Tue, 08 Jun 2010 22:47:00 GMT

Seat belt tickets are on the rise as more than 150 local law enforcement agencies throughout California focused on looking for “unbelted drivers” through June 6th as part of a “Click It or Ticket” campaign that began May 25th. The cost for a first-time violation has gone up from $132 to $142, and a first-time offense for children younger than 16 costs $445. Law enforcement is taking this matter seriously since “it’s a proven fact that seat belts save lives.” According to CHP figures, 28 of the 79 vehicle deaths in 2009 in Orange County were due to people not wearing a seat belt. Santa Ana Officer, Boatman, commented that he issues up to two seat belt citations a day while patrolling unincorporated Santa Ana. Last year, 166, 690 citations were issued statewide to people who weren’t wearing their seat belts and 7,872 of those citations were handed out in Orange County. So next time you decide to pull out of your house, even for a moment, don’t forget to “click it” or else you’ll be paying for a hefty ticket. See California Vehicle Code Section 27315.

Police Evasion in Orange County

Law Offices of William W. Bruzzo — Fri, 28 May 2010 01:15:00 GMT

James Neal of San Clemente, used to be a NASCAR driver but on May 18th, he was sentenced to one month in jail and three years probation for leading the police on a high-speed chase. Neal pleaded guilty to a misdemeanor charge of evading while driving recklessly (California Vehicle Code 2800.1, 2800.2). Police attempted to pull Neal’s Corvette over for speeding around 3 a.m. on May 17th, but he refused to stop. Instead he led police down the 5 freeway southbound for nearly 50 miles into San Diego County, reaching a speed of 140 mph. Deputies followed Neal up until the Border Patrol checkpoint when they lost sight of him. California Highway Patrol then took over the pursuit and finally Neal’s engine “blew out” near La Jolla allowing deputies to arrest him.

Woman Flees From Police in Orange County

Law Offices of William W. Bruzzo — Tue, 19 Jan 2010 17:10:00 GMT

A woman evaded the police in Huntington Beach, Orange County on January 13, 2010 after being pulled over around 12:30 a.m. Police suspected she was on drugs and were discussing the situation, when the woman suddenly fled in her vehicle and headed south on Pacific Coast highway. The woman led the police on a chase from Huntington Beach to Laguna Beach, where she eventually crashed into a guardrail after running over spike strips police had laid out. The woman did not suffer any injuries and was taken to jail on possible charges of Vehicle Code Section 2800.1. The code section specifies that “any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer’s motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer’s motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer’s motor vehicle is distinctively marked. (4) The peace officer’s motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform.” Notably, this crime can also be a felony under vehicle code section 2800.2 if in addition to fleeing the police the individual drives with a wanton, willful disregard for the safety of persons or property. That crime can carry a maximum of three years even without causing any injury or property damage.

DUI Arrests Made at Checkpoints

Law Offices of William W. Bruzzo — Thu, 31 Dec 2009 23:02:00 GMT

A total of 17 arrests were made for suspicion of drunk driving at two checkpoints in Orange County in the city of Garden Grove over the weekend before Christmas. Police have impounded 38 vehicles for drunk driving to include drivers who were driving without a valid license.

California Vehicle Code 23152(a) [VC 23152 (a)] prohibits any person from driving under the influence of alcohol or drugs. Note that an amount of drugs is not specified so any amount of drugs or alcohol that impairs one driving as determined by the arresting officer and/or eventually a jury, can cause one to be convicted of that crime. Drugs can include prescription drugs taken as directed! This is distinct from California Vehicle Code 23152 (b) [VC 23152 (b)] which prohibits driving a vehicle with a blood alcohol level over 0.08. The driver must be at or over the legal limit for vehicle code section 23152 (b) to apply. Also, it only applies to drivers under the influence of alcohol. A first time DUI carries a maximum sentence of 6 months in jail and a $1500.00 fine; however, most first time DUI offenders do no jail time as long as there was no accident or other aggravating factor.

In order for a “stop” to be valid at a DUI checkpoint, the police must follow certain rules. If they fail to follow the rules the stop can be ruled invalid and the evidence collected excluded which can cause the case to be dismissed regardless of the blood alcohol level or other evidence. The Law Offices of William W. Bruzzo has substantial experience working with checkpoint/DUI cases.

California Vehicle Code Section 12500 (a) states: “A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.”

Driving without a valid driver’s license in California is a “wobbler” – meaning, depending on the circumstances, prosecutors can charge this offense as a misdemeanor or infraction. The police can charge you with a violation of this vehicle code section for any of the following: (1) never obtaining a driver’s license, (2) failing to renew your driver’s license after expiring, (3) failing to obtain a California driver’s license after establishing residency, or (4) being ineligible for a drivers license in this state (for example, being an illegal immigrant).

The main factor that prosecution looks at in deciding whether to charge you with a misdemeanor or an infraction is your driving record. If this is your first offense or if you subsequently obtain a valid driver’s license, they may charge you only with the infraction or even go on to dismiss the case with the help of an experienced criminal defense attorney.

One can receive up to six months in jail for the above misdemeanor offense as well as informal probation for up to three years and a maximum fine of $1,000.

As the New Year Holiday begins, remember don’t drink and drive, use a designated driver. Happy New Year!