If you operate your motor vehicle too often, it is easy to find yourself on the wrong side of the law. You could have drunk a couple of beers at a party before deciding to drive home, only to get arrested for driving under the influence. You may also choose to drive away following an accident. What might seem like an innocent move can lead to a criminal charge. Worse yet, if convicted, you might face penalties like incarceration, fines, driver's license suspension, and a criminal record. Instead of assuming these consequences are inevitable, speak with the proficient legal team at California Criminal Lawyer Group in Santa Ana. For many years, we have helped thousands of clients fight different types of driving crimes and can stand with you. We can gather evidence and review your case circumstances to minimize the effect of your allegations and criminal charges strategically.

An Overview of California Driving Offenses

California driving offenses range from a minor traffic violation that is an infraction that leads to increased auto-insurance premiums and a traffic ticket to a misdemeanor and felony that carries incarceration, fines, and criminal history. Most driving offenses will result in driver's license suspension and affect the accused's driving record.

The skilled and knowledgeable legal team at California Criminal Lawyer Group can help you fight any driving crime. Here is a comprehensive overview of the most common driving offenses.

Driving Under the Influence

VC 23152 defines driving under the influence (DUI) as driving a car with adequate alcohol in the bloodstream, so your driving capacity is impaired compared to a sober motorist. Any person driving with a blood alcohol concentration of at least 0.08 percent is legally deemed to be under the influence.

The legal limit is 0.04 percent for commercial drivers. Zero tolerance law states that it is illegal for a person below 21 to drive with a BAC of 0.01 percent or higher.

The exact punishment for a drunk driving conviction varies based on factors like:

  • The number of previous DUI convictions within ten years
  • Whether you took a chemical test or not
  • Whether your conduct caused any injury or death

A first DUI offense carries the following penalties:

  • Six months in jail
  • Suspension of your driver's license for ten months
  • A fine of one thousand dollars

A second-time DUI offense carries a two-year driver's license suspension, one thousand and eight hundred dollars in fine, and a year in jail. Typically, a conviction for a third time in California triggers these penalties:

  • A maximum of five (5) years of misdemeanor probation
  • Up to a year in jail
  • Approximately two thousand dollars in penalties, fines, and assessments
  • Mandatory installation of an ignition interlock device for two years
  • DUI school for thirty months

Some of the legal defenses you can use to fight your DUI charges include:

  • Exhibiting objective symptoms of intoxication does not mean you are drunk
  • Your mouth alcohol caused the falsely high blood alcohol concentration results
  • The arresting police officer did not conduct the fifteen-minute observation period
  • The Field Sobriety Tests used did not accurately measure impairment
  • The police did not adhere to California's Title 17 regulations

Hit and Run

Any motorist who has accidentally bumped another motor vehicle or property can decide to:

  • leave their contact information and full name for the owner of the damaged property, or
  • drive away, hoping that no person noticed it.

Vehicle Code Section 20002 VC makes it illegal for an individual to fail to stop their car after being involved in a crash where the collision results in property damage.

Before convicting you of hit and run, the prosecutor should establish the following elements of the crime beyond any reasonable doubt:

  • While operating your car, you were involved in a car accident
  • The collision led to damage to another person's property
  • You were aware that or reasonably ought to have been aware that you had been involved in a crash that resulted in property damage
  • You intentionally did not stop at the accident scene or failed to give the owner of the destroyed asset your identifying information like your name, insurance, and address.

When issuing identifying information, you should give adequate detail so the damaged property's owner can understand that you were the one driving your car.

The motorist's responsibility to stop at the accident scene applies irrespective of what driver or party was accountable for the accident. Additionally, the obligation applies even when the collision happens on private property (for instance, if you drive through someone's fence).

If the damaged property's owner isn't there, you must leave a note.

As far as this statute is concerned, property damage also includes damage to pets like dogs and cats.

It is not an offense to leave the accident scene that did not cause any injury or damage to another vehicle. However, to be on the safe side, you should capture photographs of the other vehicle to prove no damage took place.

Penalties, Sentencing, and Consequences

Hit and run causing no injuries is a misdemeanor. It carries the following penalties:

  • Up to one thousand dollars in fines
  • A maximum of six months in jail
  • The judge might award the accused with summary probation in place of county jail time.

If the accused person made full restitution to the alleged victim, the judge can dismiss the criminal part of a Penal Code Section 1377 civil compromise. It is common for first-time defendants who weren't drinking alcohol when the accident occurred.

If the accident caused death or injuries to another person, the prosecutor could file hit and run charges under VC 20001. It is a wobbler, and the prosecutor can choose to file a felony or misdemeanor charge depending on the case circumstances.

A misdemeanor is punishable by fines that range between one thousand dollars and ten thousand dollars and a year in county jail. On the other hand, a felony attracts a maximum fine of ten thousand dollars and four years in state jail.

Evading a Police Officer

VC 2800.1 makes it illegal to intentionally evade police officers in a car when the officers are pursuing you.

The prosecution must prove the following elements of crime before convicting you:

  • The police officers in the vehicle were following you
  • Since you were also driving your car, you intentionally fled from or attempted to dodge the officers, planning to evade the police, and
  • All the statements below are correct:
  1. There was more than one lighted red lamp visible from the police vehicle's front,
  2. You either saw or ought to be seen the lamp,
  3. The police vehicle was conspicuous marked,
  4. The police vehicle has a sounding siren, and
  5. The peace officers were in their characteristic police uniform.

The judge has the ultimate discretion of determining whether the police were pursuing you or not by analyzing all the case facts. The same applies when it comes to deciding whether you intended to evade the police or not.

What are the Penalties?

Violation of the statute is a California misdemeanor and the accused will:

  • Pay a fine of one thousand dollars, and
  • Spend a year in jail.

If evading an officer leads to death or injuries, the crime is a wobbler under VC 2800.3. If charged as a California misdemeanor, VC 2800.3 causing injury is punishable by a year in jail. If prosecuted as a felony, evading an officer causing injuries attracts up to seven years in state prison and ten thousand dollars in fines. And evading an officer causing death is a felony punishable by up to ten years in prison.

Legal Defenses

Although evading an officer charge has severe penalties, your criminal defense attorney can use any of the following legal strategies to fight the charges. They include:

  • You did not intend to evade
  • You didn't act willfully
  • The police vehicle didn't have the flashing lights on

Driving on a Suspended License

VC 14601.1(a) makes it illegal for an individual to drive with a revoked or suspended driver's license knowingly.

To be convicted of the crime, the prosecutor should prove that:

  • you drove a car while your driving privileges were revoked or suspended, and
  • when you operated the vehicle, you knew that your driving privileges were revoked or suspended.

Knowledge, in this case, is assumed if all the statements below are correct:

  • California DMV mailed you a notice telling you that your driving privileges had been revoked or suspended,
  • The DMV sent the notice to your current address, and
  • The notice wasn't returned to DMV as unclaimed or undeliverable.

Driving on a Suspended License Penalties

Violating this statute is charged as a misdemeanor. However, the exact penalties that a defendant faces will depend primarily on why the defendant's driver's license was suspended.

  1. Reckless, Negligent, or Incompetent Driving (Vehicle Code 14601)

VC 14601 punishes a motorist if they operated their car on a suspended driver's license and faced suspension for negligent driving, incompetent driving, or reckless driving. In this case, the driver will face the following consequences:

  • A three-year informal probation
  • Up to six months in jail
  • Up to one thousand dollars in fines

  1. DUI of Drugs or Alcohol

Vehicle Code section 14601.2 makes it an offense when you drive your car on a revoked or suspended license, and the suspension was due to a drunk driving conviction.

The offense is punishable by:

  • A three-year informal probation
  • Up to six months in jail
  • Fines of one thousand dollars
  • A mandatory installation of an IID

  1. Driving With an Illegal Blood Alcohol Concentration or Refusing to Take Your Chemical Test

Vehicle Code Section 14601.5 punishes a motorist if they drive on a suspended license and their license was revoked because they operated their vehicle with an illegal blood alcohol concentration (BAC) or refused to take a chemical test.

The offense carries the following penalties:

  • Fines of one thousand dollars
  • Three years of informal probation
  • A maximum of six months in jail

  1. Habitual Traffic Offender

Under Vehicle Code 14601.3, it is illegal to drive on a suspended license, and you received the suspension for being a habitual traffic offender. It's punishable by:

  • Up to one thousand dollars in fines
  • Thirty days in jail
  • Three years of informal probation

  1. License Suspension or Revocation Due to Other Reasons

Vehicle Code Section 14601.1 is a statute that punishes you if you drive on a revoked/suspended license and the DMV suspended your license for other reasons not mentioned above.

It attracts the following penalties:

  • Three years of informal probation
  • Six months in jail
  • One thousand dollars in fines

Reckless Driving

VC 23103 defines reckless driving as driving a car in an off-street parking facility or on a highway, and you operate with wanton disregard for the safety of property or persons.

Per California law, an individual behaves with a wanton disregard for safety when:

  • they know that their conduct presents a significant and unjustifiable risk of harm, and
  • deliberately ignore the risk.

Please note, it is not necessarily that you intended to cause harm to be convicted of the crime.

Moreover, speeding doesn't prove that you were reckless. Instead, speed is one factor that the judge or jury can consider when determining whether you drove recklessly.

Reckless Driving Penalties

Violating the reckless driving law is a California misdemeanor punishable by:

  • Fines that range between one hundred and forty-five dollars and one thousand dollars
  • A maximum of ninety days in jail

Also, the California DMV will place two points on your driver's license after a conviction. Accumulating many driving record points in a specific period might result in your license suspension of driving privilege for being a negligent operator. It could also increase your auto insurance rates.

The penalties are more severe if the crime caused a severe injury or minor injury to somebody else.

  1. Reckless Driving With Minor Injury

If your reckless driving causes minor bodily injuries to another person, the offense is a misdemeanor. Its penalties are:

  • A fine that range between two hundred and twenty dollars and one thousand dollars
  • A maximum of a year in jail

  1. Reckless Driving With Severe Injury

VC 23103 becomes a wobbler if a third party is severely injured.

A felony attracts a maximum fine of ten thousand dollars and three (3) years in California state prison. Your car could also be impounded.

  1. Dry Reckless as a Drunk Driving Plea Bargain

Generally, VC 23103 is used as a plea bargain to avoid conviction. The plea deal is called a dry reckless plea bargain.

The benefit of the plea bargain is that the accused escapes harsh drunk driving penalties. Specifically, the accused:

  • Doesn't face compulsory sentencing enhancement if prosecuted with a subsequent drunk driving offense
  • Receives a short probation period and jail sentence
  • Pays less amount in fine
  • Does not face license suspension

Driving on the Wrong Side of the Road

VC 21651 outlines how traffic in California must flow on divided public roads.

Per VC 21651(b), it is illegal to drive a car on a highway, except to the right of an intermittent barrier or a dividing section that separates at least two opposing traffic lanes. All cars should be on the right side of the road.

Driving on the wrong side of the road is a wobbler.

If the violation did not result in death or injury, it is a misdemeanor punishable by a maximum of one year in jail and one thousand dollars in fine.

You will face felony charges if you drove on the wrong side of the road and your conduct resulted in another person's death or injury. The charge carries up to three years in jail.

Additionally, violating this statute attracts two points on your DMV driving record. If you accumulate a specific number of points within a given timeframe, the DMV will declare you a negligent operator and can suspend or revoke your driver's license.

Points reviewed on your record are reported to your insurance provider, increasing your auto insurance rates.

Driving Without Insurance

Under VC 16029, it's a crime to drive your car without proof of financial responsibility. Some of the acceptable forms of financial obligation are:

  • Car insurance
  • Evidence of cash deposit of thirty-five thousand dollars with the California DMV
  • A DMV issued a self-insurance certificate.
  • A surety bond for thirty-five thousand dollars from a certified business

It would help if you always carried any of these types of financial responsibilities in your car. More often than not, motorists have a company-issued insurance paper or card with the motorist's identifying information, and the insurer's name, address, coverage duration, and policy number.

All motorists in California should have valid proof of financial responsibility, including those visiting the state.

Here are the least insurance requirements for California drivers:

  • Fifteen thousand dollars for death or injury of one victim
  • Thirty thousand dollars for the death or injury of at least two people
  • Five thousand dollars for any property damage

Penalties of Violating VC 16029

If you're charged with VC 16029 for the first time, you will pay fines, assessments, and fees of approximately four hundred and fifty dollars.

If a defendant is found guilty of VC 16029 for a second time within three (3) years, the fees, penalty assessments, and fines will be two thousand and five hundred dollars.

The police can also impound your car.

Moreover, if the defendant is operating their car without insurance and is involved in an accident, they might face civil charges. The court might order you to pay restitution for injuries or property damage that happened to any party in the collision.

Finally, the DMV could suspend the license for a maximum of four years.

Vehicular Manslaughter

Under PC 192(c), you commit vehicular manslaughter by operating your car illegally or negligently and, as a result, leading to the death of somebody else.

The severity of the offense and penalties depends on the level of the involved negligence, your previous criminal record, and whether you were drunk. The degree of negligence can be either gross or ordinary.

Gross Negligence vs. Ordinary Negligence

The penalties of vehicular manslaughter are more significant when the defendant acts with gross negligence. Negligence happens when you breach a duty of care that you owe to other road users. The duty of care requires you to have a valid driver's license, comply with traffic laws, and operate your vehicle safely.

Gross negligence happens when you knowingly behave in a way that creates a risk of great bodily injury and death. It is more significant than ordinary negligence that occurs when you're merely inattentive and careless. The difference between ordinary negligence and gross negligence goes down to whether the act or its consequences amounts to disregard for human life.

Penalties for Penal Code Section PC 192(c)

Sentencing and punishment for PC 192(c) depend on the type of crime you are charged with.

  1. Vehicular Manslaughter With Gross Negligence

It is charged as a wobbler. If charged with a California misdemeanor, the penalties are misdemeanor probation, one thousand dollars in fines, and a year in jail. If prosecuted with a felony, you will face felony probation, a maximum of six years in state prison, and ten thousand dollars in fines.

  1. Ordinary Vehicular Manslaughter

Under PC 192(c)(2), ordinary vehicular manslaughter attracts the following potential penalties:

  • Misdemeanor probation
  • One thousand dollars in fine
  • A year in jail

  1. Vehicular Manslaughter for Financial Gain

Vehicular manslaughter for financial gain or insurance purpose is a felony per PC 192(c)(3). It is punishable by a maximum of ten years in prison and ten thousand dollars.

  1. Effect on Your Driving Privileges

If you're found guilty of either PC 192(c)(3) or PC 192(c)(1), the DMV might revoke the driver's license.

You cannot get the license reinstated until three years have passed following the revocation date.

Finally, if you operate your car when the license is revoked, you'll face driving on a suspended license charge.

How to Fight Your Vehicular Manslaughter Charge

Accidents occur whenever people drive motor vehicles. However, the prosecution team responds to these occurrences by pressing PC 192(c) charges even if the charges are not fair and justified.

Luckily, there are numerous legal strategies you and your defense attorney can use to fight your charges. They include:

  • You were not negligent.
  • The negligence did not cause the alleged victim's death
  • You faced an emergency and acted reasonably under the circumstances

Find a Competent Santa Ana Criminal Defense Attorney Near Me

If convicted of a driving crime in California, you might face huge fines, loss of driving privileges, mandatory installation of an IID, and serve time. The collateral effects might include stigma, loss of employment, high auto-coverage premiums, and challenges securing employment or housing in the future. Navigating the California judicial system without legal representation can put you at the mercy of the prosecution team and a judge dedicated to getting a conviction and closing your case.

The California Criminal Lawyer Group in Santa Ana is committed to protecting your rights and freedom. We can investigate your criminal case to identify gaps and do everything in our power to achieve the case outcome you deserve. Contact our legal office today at 714-844-4151 to schedule your initial free case review.