laws - Law Offices of William W. Bruzzo

New Laws for a New Year!

Law Offices of William W. Bruzzo — Tue, 05 Jan 2010 19:14:00 GMT

This New Year’s brings new laws to the state of California. According to the OC register the fee for renewing a driver’s license has gone up to $31. Other vehicle related regulations include video screens and interlock devices. A video screen can be placed in the front seat as long as the driver cannot actually see the screen. It is now possible for cities and counties to require a 30 day impound of a vehicle if a person used a vehicle when soliciting a prostitute. On July 1st the following counties will require those convicted of a DUI to install ignition interlock devices on every operated or owned vehicle in order to maintain their driver’s license: Los Angeles, Sacramento, Alameda and Tulare.

Other laws that will go into affect:

AB 576- Agencies will be identified as “victims” of graffiti vandalism. This gives the agency eligibility to seek restitution from those convicted.

SB 492- Raises fines and jail time for registered gang members loitering near a school within 72 hours of being told to leave.

SB 135 chopping off a cow’s tail is considered a misdemeanor and can only be done when medically relevant.

California Voters to Have Final Word on Pot Dispensaries

Law Offices of William W. Bruzzo — Wed, 30 Dec 2009 00:33:00 GMT

The discussion regarding legalizing marijuana and dispensaries in LA County continues to be in the spotlight. With the number of dispensaries growing in the county the debate of the impact of such establishments on the community is growing as well. There is the side that argues marijuana proves to be useful for managing medical conditions that involve pain. It has also been suggested that there is a significant amount of revenue the state could gain from legalizing pot (as well as a way to address the state fiscal crisis while not raising taxes). With more then four thousand signatures currently, a petition has been circling in order to add the issue to the November 2010 ballot. Federal policy has shifted for certain aspects of possession of a limited amount of marijuana, refocusing efforts on other fronts of the illegal drug trade instead. California voters could vote to allow local authorities like cities and counties to draft their own laws regarding medicinal marijuana. (See Health and Safety Code Section 11357(a, b), [H&S 11357(a), (b), Health and Safety Code Section 11358, [H&S 11358], Health and Safety Code Section 11360(a, b), [H&S 11360].

Here is KCAL9 News reporting recently on the Los Angeles City Council’s decision to delay a medical marijuana dispensary vote until January 2010.

Handheld Cell Phone Use Prohibited While Driving

Law Offices of William W. Bruzzo — Tue, 24 Nov 2009 04:15:00 GMT

Two months ago, I was cited in Orange County for using my cell phone while driving. I was written up for a violation of California Vehicle Code Section 23123 and given a court date on which to appear. This Vehicle Code Section went into effect on July 1, 2008.

This law prohibits the use of handheld cellular phones while driving. However, a handheld cellular phone can be used during an emergency, to call the police, fire department or other emergency services.

A violation of this section constitutes an infraction, which is a petty violation of the law and is less serious than a misdemeanor. It is punishable by a base fine of twenty dollars for a first offense and fifty dollars for each subsequent offense. However, with the addition of penalty assessments, the fines can be more than triple the base fine amount.

The conviction appears on one’s DMV driving record; however, the violation is not added as a point and therefore does not affect insurance premiums.

Today was the court trial for my citation. After the officer’s testimony and presentation of all the evidence, the judge ruled I was NOT GUILTY of the above offense. I was able to show the court that I was not talking while holding my Blackberry in my hand. I demonstrated how my phone is specifically designed and configured to allow hands-free listening and talking through Bluetooth. The law specifically allows for the use of one’s phone if it’s through a hands-free medium. Therefore, I fit the exception and walked out with a NOT GUILTY!