As motorists, we are familiar with common traffic violations like speeding and running red lights, which many of us have probably encountered at some point. But there are also more serious driving offenses that can put everyone on the road at risk. These can include DUIs and vehicular manslaughter, depending on what happened. Instead of just paying a fine, these serious charges can lead to harsh penalties like jail time. Plus, they can have long-lasting effects on your life.
If you’re facing a driving crime charge in Southern California, we at Singh Law are here for you. We focus on criminal defense, and we’re ready to assist you with your case.
Overview of Driving Crimes
Driving crimes in California come in many forms. Minor violations like running a stop sign or speeding usually just result in fines or higher insurance rates. Nonetheless, certain crimes, such as driving under the influence (DUI), come with severe consequences. The consequences depend on elements such as your criminal record. If found guilty, you may encounter penalties or imprisonment, based on the severity of the offense. These violations can also affect your future as they remain on your criminal record. You might even end up losing your driving privileges or even your job.
Here are some of the most common driving offenses in California:
Driving Under the Influence (DUI)
According to California Vehicle Code 23152 to 23229.1, DUI is one of the most serious driving crimes. This law makes it illegal for anyone to drive a vehicle while under the influence of alcohol. You can be convicted if the prosecution shows that your blood alcohol content was 0.08% or higher while you were driving or operating a vehicle.
Having a used alcohol or beer bottle next to you while driving can show that you were drunk driving.
In California, DUI cases usually depend on two main things: whether you have previous DUI convictions and whether anyone got injured or killed in the accident. Most DUI cases are misdemeanors, but if someone died or got hurt, you could face felony charges. The penalties also change based on how many times you’ve been convicted and the specific charges.
For a first-time DUI misdemeanor, you might spend up to six months in jail. You could also face fines between $390 and $1,000, and your driver’s license might get suspended for four to ten months.
A second DUI offense is still a misdemeanor, but the penalties increase. You could serve between 96 hours and a year in county jail and lose your driving license for two years. Fines would also range from $390 to $1,000 on top of the jail time.
The third DUI offense is treated like the first two, so it’s still a misdemeanor. The penalties include a jail term of 120 days to a year, a three-year license suspension, and fines between $390 and $1,000.
If you cause injury while driving under the influence, it can be seen as either a misdemeanor or a felony. If it’s a misdemeanor, you could face one to five years in county jail and fines ranging from $390 to $5,000.
Your driving license might get suspended for one to three years. If your DUI causes injury and it’s classified as a felony, you could face two to four years in state prison. You might also have to pay fines that range from $1,015 to $5,000. Additionally, your driving license could be suspended for at least a year. The court might also require you to pay restitution to the injured parties.
Driving Under the Influence of Drugs (DUID)
For DUI of Drugs (DUID), Penal Code 23152(f) makes it illegal to drive under the influence of any drug. To get convicted, the drug must impair your ability to drive safely, making it hard for you to operate a vehicle like a sober person. That includes illegal drugs, prescription medications, or even over-the-counter drugs like Tylenol.
DUID may be classified as a misdemeanor or a felony, depending on the circumstances and your previous criminal history. For a misdemeanor, the consequences may include three to five years of probation, an $1,800 fine, and possible suspension of your driving license. There’s also a chance of jail time. A felony DUID could happen if it’s your fourth offense, you have a prior felony DUI charge, or if someone got hurt or killed in an accident.
If you face felony DUI charges, the penalties can be severe, with fines between $1,000 and $5,000 or up to three years in jail. If someone else got injured, your jail time could go up to four years. You might also have to attend a DUI program, and your driving license could be suspended in some cases.
Vehicular Manslaughter
Vehicular manslaughter happens when someone illegally kills another person while driving. This charge applies if the driver’s actions were negligent or if they were committing a felony. It also covers situations where the driver was doing something legal that accidentally led to someone’s death. When pressing charges for vehicular manslaughter, the prosecution looks at several key points.
First, you must have been driving a vehicle. Then, while driving, you did something illegal that could potentially cause death, whether it’s a felony, infraction, or misdemeanor. It also needs to be shown that your actions were negligent.
You could be charged with vehicular manslaughter if you acted recklessly, putting others in danger, and you knew your actions could create risks for others. Additionally, someone must have died in the accident.
The penalties for this crime can vary based on the specifics of the case. It might be classified as a misdemeanor or a felony. If charged with misdemeanor vehicular manslaughter, you could face up to one year in county jail. For a felony charge, the maximum sentence could be six years in state prison. If the incident resulted from ordinary negligence, it would typically be treated as a misdemeanor with a one-year jail sentence.
To defend against vehicular manslaughter charges in California, you might argue that you didn’t act with gross or ordinary negligence. You could also claim that even if you were negligent, your actions didn’t actually lead to someone’s death. In some cases, you might say you were in an emergency that forced you to act quickly, which then resulted in the accident.
Driving Without a License
According to PEN 12500, it’s a crime to drive a vehicle without a valid driver’s license. This law states that you can only operate a vehicle if you have a proper license for it.
To face a PEN 12500 charge, you need to show that you either don’t have a valid license or that your license has expired or been suspended, and you didn’t renew it.
Sometimes, California law may prevent you from having a driver’s license, and if you ignore this rule or your license doesn’t allow you to drive the type of vehicle you’re using, you can still be charged. These situations count as driving without a license in California.
Violating VC 12500 is a wobbler offense, meaning it can be treated as either a misdemeanor or a non-criminal infraction. Usually, if it’s your first violation, it’s seen as an infraction, while repeated violations are treated as misdemeanors. As an infraction, you could face fines up to $250. If it’s charged as a misdemeanor, the penalties can include up to six months in county jail and a fine of $1,000. You might also get three years of unsupervised probation, and your vehicle could be impounded for at least 30 days.
If you get charged with driving without a license, one defense you can use is claiming that you weren’t actually driving. Another defense is saying you had a license, but it wasn’t with you when you got pulled over. In some cases, you could argue that you were just visiting California and had a valid license from another state.
Driving on a Suspended License
According to PEN 14601, it’s illegal to drive if your license is revoked or suspended, and you know it. Your license might get suspended if you’re labeled a careless driver or if you rack up too many points with the DMV. You can also lose your license if it turns out you’re not mentally or physically fit to drive safely. If you have repeated driving offenses, like DUI, your driving rights might be limited, too.
To get convicted of this crime, you need to have been driving a vehicle while your license was suspended or revoked, and you must have known about the suspension. The penalties for this can vary based on why your license was suspended and how many similar offenses you’ve had in the past.
Common defenses for driving on a suspended license include claiming you didn’t know your license was suspended or that the suspension itself was invalid. In some cases, you might argue that you had the right to drive with a restricted license, but you would need to prove that.
Hit and Run
In California, VC 20001 says you need to follow certain rules if you hit someone or something while driving. For example, you must stop and stay at the scene of the accident. You also need to identify yourself to the owner of the damaged property or let the police know what happened.
You should think about the victim and offer help, like calling for medical assistance or the police, especially if someone died in the incident. Often, people don’t realize this and think they did nothing wrong, but you can still get in trouble for a hit and run if you didn’t stop at the scene as the law requires.
According to VC 20001, the offense can be treated differently based on whether it involved property damage or a death. If it were just property damage, you might face a misdemeanor charge, which could lead to 90 days to a year in county jail, along with fines and restitution to the victim. If a person passed away, you might encounter felony charges with a minimum sentence of 16 months in prison.
In a hit-and-run incident, it’s crucial to establish that you struck a person or their property while driving. Even if you were aware of the accident, if you failed to stop, inform the owner or the victim’s relatives, call for assistance, or provide your information, you could face consequences merely for leaving the scene. The penalties vary based on whether it was property damage or injury to a person. For property damage, it is typically categorized as a misdemeanor, leading to penalties of up to $1,000 or a minimum of six months in county jail. If someone was hurt or killed, it’s considered a felony, and you could end up facing a five-year prison sentence.
Evading a Police Officer
According to Pen Code 2800.1, it’s a crime to try to escape from a police officer or peace officer while driving. Even if you only attempted to run away, you can still be charged with this offense. The law views this as a specific intent crime due to your intentional action. To uphold the charge, law enforcement must demonstrate that they were in uniform, operating a marked bicycle. They must also demonstrate that they attempted to alert you to halt by using sirens, spoken commands, or flashing lights. If you ignored these signals and tried to get away, you could be in trouble.
People often end up committing this crime, like when you speed away after seeing police lights behind you, especially if you’ve been drinking. It also happens if you’re weaving through traffic or speeding and don’t stop when an officer is chasing you. No matter how it happens, evading the police is usually treated as a misdemeanor. If found guilty, you could spend up to one year in county jail.
Driving recklessly in an attempt to flee, endangering others, may lead to a felony charge as per VC 2800.2. That may result in incarceration for two to three years and penalties reaching $10,000. In more grave situations, if your effort to escape law enforcement leads to severe injuries or the fatality of another individual, you may face charges under CV 2800.3. This law treats it as a serious crime to evade law enforcement while causing harm to others.
Section 2600.3 is a wobbler, meaning it can be charged as either a misdemeanor or a felony. If it’s treated as a misdemeanor, you might end up in county jail for up to one year. If it’s a felony for evading a law enforcement officer, you could face three to seven years in state prison. If someone gets seriously injured or dies because of it, you could be sentenced to four, six, or ten years behind bars.
Drinking in a Vehicle
Regarding VC 23221, it’s illegal for anyone, passengers or drivers, to drink alcohol while inside a vehicle. This crime happens when someone drinks alcohol in a car on a highway. However, the law allows drinking in limousines, hired taxis, or buses.
The term “highway” includes not just freeways but any roads maintained by the government for public vehicle access. If you violate CV 23221, it’s considered a minor infraction, and you’ll only face fines, which can’t be more than $250. The rules are stricter for anyone under 21, as outlined in CV 23224. If you’re underage and drive a vehicle with alcohol in it, you can still be charged even if no one is drinking.
This offense is a misdemeanor, and if convicted, you could spend up to six months in county jail and pay fines up to $1,000. Underage drivers who drink in a vehicle might also face serious DUI penalties, including having their driver’s license suspended for at least one year.
There are different defense strategies available if you’re facing charges. For example, you can argue that you weren’t driving on a public road. You might also dispute the evidence by claiming it’s not enough or that the allegations are wrong. In some situations, you could avoid penalties by saying the vehicle was for hire and that you were just an employee delivering alcohol for a business. Another defense could be that you didn’t mean to run away from the police.
Frequently Asked Questions on California Driving Crimes
Some frequently asked questions on driving crimes include:
If I am Convicted of a Driving Offense, Will I Lose My License?
Yes, you might lose your license if you get convicted of certain driving offenses. In California, getting convicted of things like DUI can lead to automatic license suspensions. Even if you aren’t convicted in criminal court, the DMV can still suspend your license.
To contest this suspension, you must request a DMV Administrative Per Se hearing within 10 days of your arrest. Other violations, like reckless driving or speeding, typically result in points being added to your DMV record. Accumulating excessive points may result in a negligent operator suspension, potentially revoking your driving privileges for six months or more.
Can My Penalties Be Reduced or Dismissed?
Yes, in many cases it’s possible. The outcome really depends on the details of your situation. A skilled defense attorney may be able to negotiate reduced charges. For example, having a DUI lowered to reckless driving, or even working to have charges dismissed altogether. That can happen if there were mistakes in the legal process, not enough evidence, or if your rights were violated.
What Does Reckless Driving Mean?
Reckless driving is when someone operates a vehicle in a way that shows a clear disregard for the safety of other people or property. In simple terms, it means driving carelessly or dangerously without concern for the potential consequences. If you get caught, you may encounter consequences such as probation, as much as 90 days in jail, fines between $145 and $1,000, and two points added to your driving record. That can also raise your insurance rates significantly.
What Should I Do If the Traffic Police Pull Me Over?
If you’re pulled over for an alleged DUI, the key is to remain composed and courteous. Present your license, registration, and insurance upon request. You can refuse field sobriety tests and preliminary breath tests, but if you are arrested, you must undergo a chemical test. Make sure to contact a defense attorney right after you get released.
What Happens If I Refuse a Chemical or Breathalyzer Test?
In California, if you’re arrested for DUI, you must undergo a breathalyzer or chemical test because of the implied consent law. If you decline, you may encounter harsher consequences such as a required license suspension for a minimum of one year, increased fines, and potentially imprisonment.
Getting a DUI can really hurt your chances of getting a job, especially if it involves driving or needs special licenses or security clearances.
Do The Police Have to Give Me a Copy Of The DUI Arrest Report Before Your Court Date?
The police don’t have to give you a copy of the DUI arrest report before your court date. They keep the evidence, including the report, until your arraignment. However, a skilled DUI lawyer can get a copy of the police report from the DMV before your court date, thanks to the DMV hearing.
Additionally, a knowledgeable attorney will request more evidence, like logs for any breath tests given, proof of the officer’s training and qualifications to conduct the test, and any audio or video from your traffic stop and arrest. If you had a blood test, a DUI defense lawyer will ask for a part of that blood to be tested by an independent lab to make sure the results from the law enforcement agency’s lab are accurate. If there’s any difference found, you can challenge the blood test results in court.
Can a Driving Crimes Defense Lawyer Help Me?
Hiring a lawyer can really help. An experienced DUI attorney can make a difference by getting charges dropped, sentences reduced, or minimizing the impact on you. Navigating the relationship between administrative and criminal laws can be tricky, and a knowledgeable lawyer can help guide you through it.
Many defendants don’t fully understand their responsibilities after a conviction, and a big part of my job is helping them deal with new charges and complications from not completing what they owe to the court. Most people just don’t know all their obligations when they get convicted, and they often struggle with the Department of Motor Vehicles after a suspension. At the very least, anyone facing DUI charges should have a skilled and experienced lawyer to help navigate this complex system.
Find an Experienced Orange County Criminal Defense Attorney Near Me
If you’re driving, you might find yourself in a situation where you accidentally hit someone’s car, run a red light during emergencies, or break other driving laws. You shouldn’t admit guilt at this point, as this might compromise your defense strategy. As you might not be aware of the possible charges to be levelled against you, contacting a driving crimes attorney would be your best option. If you are in Southern California, Singh Law is here for you. Our lawyers will listen to your case details and guide you on what to do next and how we can assist you. Call us today at 714-328-6189 to set up a consultation.
