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        <title> - Penalties-fines</title>
        <link>http://www.dui.com/dui-library/california/penalties-fines</link>
        <description></description>
        <language>en-us</language>
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                      <title>Highway Fines Double on Hwy 4 and 37</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/fines-double</link>
                      <description>Stiffer Fines Cut Fatalities On 2 Notorious Bay Roads</description>
                      <author>Monica</author>
                      <pubDate>Sat, 01 Mar 2008 00:00:00 -0600</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI Penalties &amp; Fines</category>
     
      <content:encoded>
        <![CDATA[<p>Fatal collisions and traffic citations along two of the Bay Area's most dangerous highways have plummeted since a new law imposed double fines on drivers who break traffic laws.</p>
<p>Motorists are slowing down on Highway 4 in Contra Costa County and Highway 37 in Solano and Sonoma counties.</p>
<p>Some 26 people have died in accidents on Highway 37 in the past five years; 13 have been killed on Highway 4.</p>
<p>So far in 1996, however, only one person has died on each highway. Both accidents involved solo vehicles in which a drunken driver lost control.</p>
<p>"That kind of accident can happen anywhere,'' said California Highway Patrol spokesman Cliff Kroeger, who oversees the specially designated zone of Highway 4, a four-mile stretch from Hercules near Interstate 80 to Cummings Skyway in Rodeo.</p>
<p>CHP officials are attributing the reduction in bad accidents on both highways in part to a law passed last year. The measure designates parts of the two highways as special driving zones in which drivers who break the rules face double the time in jail or double fines.</p>
<p>Speeding tickets that would normally range from $80 to $150 instead range from $160 to $300.</p>
<p>But the success on Highway 37 is also because of the installation of a concrete barrier along a part of the dangerous stretch and the elimination of the road's passing lanes.</p>
<p>"Most of the accidents occurred around the passing lanes,'' said Fred Wold, a Solano County spokesman for the CHP. ``Now drivers are restricted to driving at a moderate rate and not making any passes.''</p>
<p>Drivers say the barrier, which was installed on only part of the 22-mile highway, has provided a sense of security.</p>
<p>"You can tell that drivers seem more comfortable with that center divider. They slow down when it's gone,'' said Michelle Norman, an employee at Sears Point Raceway, who uses Highway 37 to go from her Vallejo home to work and back. She says that the road definitely seems safer.</p>
<p>However, the barrier has also restricted the CHP from snagging drivers who break the law, because officers no longer can make U-turns.</p>
<p>Highway 37 is the main thoroughfare running along San Pablo Bay connecting Marin and Sonoma counties and Highway 101 with Solano County and Interstate 80. An estimated 35,000 vehicles use the road on any given weekday.</p>
<p>The specially designated zones on the two highways are two lanes, one in each direction. The worst accidents, which claimed multiple victims, have been head-on or broadside collisions in which one vehicle has crossed over into one or more oncoming cars, according to the CHP.</p>
<p>Although no barrier has been placed on Highway 4, the median yellow-line dividers were painted on more thickly and reinforced with jagged strips that rattle tires of vehicles that veer too far to the left.</p>
<p>The CHP also reports issuing fewer citations this year, partly because last year it maintained intense campaigns on both roads to raise drivers' awareness of the dangers.</p>
<p>Last year, the CHP issued 1,557 tickets on Route 37 from January to July. This year, the number of tickets dropped to 155 for the same months.</p>
<p>Similarly, CHP officers wrote 308 tickets last year on Highway 4 from January to July. This year, the number dropped to 85.</p>
<p>By Suzanne Espinosa Solis, Chronicle East Bay Bureau</p>
<p>Do you need a <a href="http://www.dui.com/california">California DUI Attorney</a>?</p>]]>
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                      <title>California DUI Laws: Loss of License Due to Driving and Drugs</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/loss-of-license</link>
                      <description>California Actions Resulting in Loss of License to Drugs and Driving.</description>
                      <author>California DUI Library</author>
                      <pubDate>Tue, 05 Feb 2008 00:00:00 -0600</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI Penalties &amp; Fines</category>
     
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        <![CDATA[<p>Much of what has been said about alcohol also applies to drugs (both
  legally prescribed medicines and illegal drugs). The state's drunk
  driving law is also a drug driving law since it refers to &quot;driving under
  the influence of alcohol and/or drugs.&quot;</p>
<p>California DUI law does not have to say which drugs are involved. Many medicines can affect the way one drives. Alcohol can enhance some of the dangerous side effects of many drugs, even those that are prescribed by your physician or purchased over the counter. It is important that you check with your physician or pharmacist before driving after taking any medication.</p>
<p>Almost any drug can affect a person's driving skill. This is true of
  prescription drugs, drugs you can buy over the counter, or illegal drugs.
  Here are some facts:</p>
<p>Most drugs taken for headaches, colds, hay fever, al lergy, or to calm
  nerves can make a person drowsy and this can affect his or her
  driving.</p>
<p>Taking any drug can affect safe driving. Medicines taken together, or
  used with alcohol can be dangerous. Drivers should ask their physician or
  pharmacist about how any medicine may affect their driving. Many drugs
  have unexpected effects when they are taken with alcohol. Drugs and
  alcohol should never be used at the same time.</p>
<p>Pep pills, &quot;uppers,&quot; and diet pills can make a driver more alert for a
  short time. Later, however, they can cause a person to be nervous, dizzy,
  and not able to concentrate. They can also affect vision.</p>
<p>Make sure you read the label and know the effects of any drug you use.
  If it is a common drug, read the label. Any drug that &quot;may cause
  drowsiness or dizziness&quot; is one you should not take before driving.</p>
<p>Any drug (and the California DUI laws do not distinguish between prescription, over-the-counter, or illegal drugs) which impairs your driving is illegal. If an officer suspects that you are under the influence of drugs, the officer can require that you take a blood or urine test. Persons refusing these tests will be subject to the same license suspensions and revocations as for alcohol test refusals. Anyone convicted of possessing, selling, or manufacturing illegal drugs will be subject to a six-month suspension.</p>
<p>ADMINISTRATIVE PER SE</p>
<p>When you drive in California, you consent to take a test of your
  blood, breath, or urine if you are arrested for driving under the
  influence of alcohol or drugs, or both. A breath test is also required if
  you are under 21 years of age and detained because the officer believes
  you have been drinking any amount of alcohol. If you have a BAC of 0.08%
  or more, or under age 21 and have a BAC of 0.05% or more, or you refuse,
  or fail to complete a test, the peace officer will take away your
  license, and at the same time serve you with an order of suspension or
  revocation. The suspension or revocation takes effect in 30 days. Within
  that 30-day period, you can request a hearing. However, a stay of the
  action will be granted only if the hearing is requested within 10 days
  after the date on the order and the department cannot provide a hearing
  before the effective date of the action. The issues at the hearing are
  only the facts related to the arrest or detention and the tests, not
  whether or not you need a driver license.</p>
<p>If you are arrested because a police officer suspects you have alcohol
  or drugs in your body, you will be required to take a test to see if it
  is true. You must choose which one of the three kinds of tests will be
  used. (But if you are suspected of being under the influence of a drug,
  you may be required to take a blood or urine test.) If you are taken to a
  clinic or hospital for medical reasons and it does not have all three
  tests, you must take one of the tests avail able. You do not have the
  right to talk to a lawyer or to have one present before deciding on the
  test, or during the test.</p>
<p>The suspension or revocation is independent of any jail, fine, or
  other criminal penalty imposed in court for the driving under the
  influence offense.</p>
<p>How Long Will I Be Suspended Or Revoked?</p>
<p>If you did not take, or you failed to complete, a chemical test:</p>
<ul>
  <li>First offenseSuspended 1 year.</li>
  <li>Second offense in 7 years Revoked 2 years.</li>
  <li>Three or more offenses in 7 yearsRevoked 3 years.</li>
</ul>
<p>If you took a chemical test or a breath test and the test showed 0.08%
  or more, or 0.05% BAC or more, if under 21 years old:</p>
<ul>
  <li>First offenseSuspended 4 months.</li>
  <li>One or more prior offenses in 7 yearsSuspended 1 year.</li>
</ul>
<p>Zero Tolerance Law</p>
<p>California DUI laws are stricter for drivers under 21 years of age. The law requires a person under 21 to take a Preliminary Alcohol Screening (PAS) test if a peace officer believes the person had been drinking. This test is administered at the scene using a hand-held PAS device.</p>
<p>If the person's BAC is 0.01% or higher or the person refuses to take,
  or fails to complete, a PAS, DMV will suspend the person's driving
  privilege for one year.</p>
<p>If there is no PAS device available, the person can choose between a
  blood, breath, or urine test to determine the BAC level and if the BAC is
  0.05% or more, the person may be arrested for driving under the
  influence. The penalties mentioned above will then apply.</p>
<p>Restricted License</p>
<p>A restricted license (only for first offense of 0.08% BAC or more) can
  be issued following a 30-day suspen sion of the driving privilege if a
  chemical test was taken and you were 21 years of age or older when the
  offense occurred.</p>
<p>You may obtain a restricted license for driving to and from a state
  licensed DUI program or you may obtain a five-month restricted license to
  operate to and from work and driving during the course of employment and
  to and from the activities of a DUI program if you:</p>
<ul>
  <li>Submit evidence of enrollment in a DUI program.</li>
  <li>File proof of insurance and maintain it for three years.</li>
  <li>Pay all applicable fees.</li>
</ul>
<p>Ignition Interlock</p>
<p>An ignition interlock is a hand-held breath testing device which is
  connected to the vehicle and requires the driver to take a breath test
  for alcohol each time the vehicle is started. A court may require a
  driver to install such a device if the driver is convicted of driving
  under the influence once. The court must require a driver to install such
  a device if the driver is convicted of driving under the influence more
  than once. The device must stay on the vehicle during the time the driver
  is suspended or revoked plus one to three years afterwards. The driver
  must pay for having the device installed and for having it checked every
  two months to be sure it is still working properly.</p>
<p>NEGLIGENT DRIVING AND LOSS OF LICENSE FOR DRIVERS OVER 18 YEARS OF
  AGE</p>
<p>Your license can be taken away if you break the law or become an
  unsafe driver.</p>
<p>When you are stopped by a police officer and cited for a traffic law
  violation, you sign a promise to appear in traffic court. There you may
  plead guilty or not guilty, or you may forfeit (pay) bail. Paying bail is
  the same as a guilty plea.</p>
<p>If you ignore the traffic ticket and don't keep your promise to appear
  in court, the failure to appear (FTA) goes on your driver record. If you
  fail to pay a fine (FTP), the court will notify DMV and this will also
  show on your driver record. Even one FTA or FTP will cause the depart
  ment to suspend your license. Ending the suspension will cost you a
  reinstatement fee of $15.</p>
<p>Each time you are convicted of a moving traffic law violation, the
  court notifies the DMV. A record of this conviction is placed in your
  driver license file.</p>
<p>POINTS ON THE DRIVER RECORD</p>
<p>The department keeps a public record of all your traffic convictions
  and accidents. Each occurrence will stay on your record for 36 months or
  longer, depending on the type of conviction. A traffic conviction for
  driving unsafely counts as one point.</p>
<p>Any &quot;at fault&quot; accident is normally counted as one point.</p>
<p>Two points are charged against you if you are convicted of reckless
  driving, of driving under the influence of alcohol/drugs, of hit-and-run
  driving, of evading a peace officer, of driving while suspended or
  revoked, or of driving on the wrong side of the road. This list is not
  all -inclusive.</p>
<p>If you get too many &quot;points,&quot; you will lose your driver license.</p>
<p>Remember, the more traffic convictions you have, the more likely you
  are to have an accident.</p>
<p>You may be considered a NEGLIGENT OPERATOR of a motor vehicle when
  your driving record shows any one of the following &quot;point count&quot;
  regardless of your license class:</p>
<ul>
  <li>4 points in 12 months</li>
  <li>6 points in 24 months</li>
  <li>8 points in 36 months</li>
</ul>
<p>If you receive certain convictions while operating a commercial
  vehicle, you will be charged 11/2 times as many points. Refer to the
  California Commercial Driver Handbook for additional information.</p>
<p>Are you in need of a <a href="http://www.dui.com/california">California DUI Lawyer</a>?</p>]]>
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                      <title>California DUI - Wet and Reckless Reduced Charge</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/wet-reckless</link>
                      <description>Wet Reckless (enacted January 1982).</description>
                      <author>California DUI Library</author>
                      <pubDate>Sun, 03 Feb 2008 00:00:00 -0600</pubDate>
                      
     
        <category>Wet Reckless 23103.5</category>
     
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        <![CDATA[<p>Plea Bargin Down from a DUI charge to a 'Wet Reckless' charge</p>

<p>This is a charge to the lesser included offense of violation of
  23103. The term wet reckless does not actual appear anywhere in the
  statutes.</p>

<p>Instead, a 23103 conviction is specially permitted where (1) the defendant pleads guilty to a California DUI violation of 23103, in satisfaction of or as a substitute for, an original charge of non-injury drunk driving 23152, (2) the prosecutor states for the record a factual basis, including facts disclosing whether or not alcohol or drugs were consumed, and (3) the court advises the defendant of the drunk driving sentence enhancement consequences of the conviction (23103.5).</p>

<p>Wet Reckless 23103.5<br />
  1. Counts as a prior conviction is convicted again within 10 years.<br />
  2. Insurance companies treat it as a California DUI.</p>
<p>A &quot;dry&quot; reckless is also an occasional disposition in a DUI. Where
  &quot;dry&quot; reckless is the disposition, there need not (and must not) be
  compliance with 23103.5. That's because the separate offense of
  reckless driving could have been charged in the first place.
  Therefore it's not a satisfaction or substitution (23103.5) for a
  drunk driving charge.</p>
<p>A &quot;dry&quot; reckless conviction results where a charge of violation of
  23103 is simply added to the complaint as an offense that could have
  been charged originally, the defendant pleads guilty to it, and the
  DUI charge is dismissed.</p>
<p>To be certain that the conviction will not become a DUI sentence
  enhancement in the future, be sure to state that the conviction is
  understood by all to be &quot;not in accordance with 23103.5&quot;. And be sure
  the clerk understands that Disposition Code &quot;R&quot; does not go on the
  abstract sent to the DMV.</p>
<p>WET RECKLESS PENALTIES</p>
<p>Approximately 17 years ago, the legislature created a new statute
  known as &quot;wet reckless&quot; - reckless driving that is related to alcohol
  (Vehicle Code Section 23103.5). It is a bazaar fiction that there is
  no requirement that there is any reckless driving. The legislature's
  purpose was to encourage plea bargains in close cases - giving
  defendants a reason to plead guilty and yet giving to government a
  way to get convictions. The following are the approximate usual
  penalties imposed for cases reduced from a DUI to a &quot;wet reckless&quot;
  (as of March 1999):</p>
<p>$600 - 1,200.00 in fines;<br />
  three years of &quot;informal probation&quot;</p>
<p>It is important to remember that a person who receives this reduction is still viewed as having suffered a "prior" DUI conviction should they receive another DUI arrest in California the next ten years. This means you are treated the same by the DA and the judge as if you had pled to a DUI instead of the wet reckless. DMV and insurance companies treat the charges the same also (Two points against your license and increased insurance premiums).</p>
<p>Are you need of a <a href="http://www.dui.com/california">California DUI Lawyer</a>?</p>]]>
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                      <title>New California DUI Laws – 10 Year Record</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/new-dui-laws</link>
                      <description>Governor Signs Bills Toughening the California DUI Laws.</description>
                      <author>admin</author>
                      <pubDate>Sat, 02 Feb 2008 00:00:00 -0600</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI Penalties &amp; Fines</category>
     
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        <![CDATA[<p><img src="http://www.dui.com/california/images/drink.jpg" alt="Drink and Keys" height="121" width="180" style="float:right" border="0" />(BCN) -- Gov. Arnold Schwarzenegger signed three bills Thursday meant
  to toughen California's driving under the influence laws.</p>
<p>The bills would extend the length that a DUI conviction remains on a
  driver's record, as well as give more power to the Department of Motor
  Vehicles for enforcing DUI laws.</p>
<p>Senator Tom Torlakson, D-Antioch, authored the bills after the
  hit-and-run deaths of Danville brother and sister, Troy and Alana Pack,
  in October 2003</p>
<p>Jimena Barretto, 45, has been charged with the deaths and was
  allegedly under the influence when the accident occurred. Torlakson
  alleges Barretto had a two-decade history of drunk driving
  convictions.</p>
<p>&quot;Nothing can change the tragedy endured by the Pack family, but these
  new laws can help prevent similar accidents,&quot; said Torlakson in a written statement.</p>
<p>SB 1694 will extend the length of previous DUI violations on a
  person's driving record to 10 years.</p>
<p>SB 1697 will consolidate Drivers license restrictions and revocations
  for DUI violators at the DMV. According to Torlakson, this would
  streamline license sanction and reduce costs and workloads for
  courts.</p>
<p>SB 1696 will force DUI treatment providers to send a certificate of
  completion directly to the DMV.</p>
<p>The bills become law on Jan.1, 2005.</p>
<p>(Copyright 2004, Bay City News. All rights reserved.)</p>
<hr />
<p>Two More DUI Bills Become Law</p>
<p>By Simon Read, Staff Writer</p>
<p>TriValley Herald</p>
<p>DANVILLE -- The parents of two Danville children struck and killed
  last year by a hit-and-run driver scored a personal victory on Thursday
  when Gov. Arnold Schwarzenegger signed into law two bills aimed at
  preventing drunken driving.</p>
<p>The laws, which will go into effect on Jan. 1, will impose harsher
  restrictions on those who drive impaired or intoxicated. The legislation
  was championed by Bob and Carmen Pack, who lost their two children to a
  driver with multiple convictions for driving under the influence.</p>
<p>SB 1694 will increase the state's statute of limitations on previous
  DUI offenses from seven years to 10 years. SB 1697 will consolidate
  driver's license restrictions and revocations for DUI violators at the
  Department of Motor Vehicles, thus streamlining sanctions.</p>
<p>Both bills were co-authored by state Sens. Tom Torlakson, D-Antioch,
  and Jackie Speier, D-Hillsborough. Last week, Schwarzenegger signed SB
  1696, which requires DUI-treatment providers to send a certificate of
  completion directly to the DMV.</p>
<p>&quot;We're very excited that the bills have passed and that the governor
  saw the importance of all three bills,&quot; Bob Pack said. &quot;I think it's a
  sign that our officials want to be proactive in making California a
  leader in saving lives through stricter DUI laws.&quot;</p>
<p>The Packs played a pivotal role in getting the three bills introduced
  back in February. They traveled to Sacramento and testified before state
  officials regarding the events of Oct. 26, 2003.</p>
<p>The Packs' children, Troy, 10, and Alana, 7, were killed in Danville
  on that day. They were riding a bicycle and a scooter, respectively, on
  Camino Tassajara when a Mercedes 300D jumped the sidewalk at Rassani
  Drive, according to court records.</p>
<p>Alana died immediately. Troy died that night at Children's Hospital
  Oakland.</p>
<p>Jimena Barreto, 45, of Walnut Creek was driving the vehicle and left
  the scene of the accident, records said. Police arrested her two days
  later in San Jose.</p>
<p>Records said Barreto, a professional nanny, has two prior DUI
  convictions</p>
<p>and was driving on a suspended license. A grand jury indicted Barreto
  in May on charges of second-degree murder.</p>
<p>She also faces counts of gross vehicular manslaughter while
  intoxicated, driving under the influence causing bodily injury, felony
  hit-and-run, driving on a suspended license and possessing cocaine.
  Barreto's trial is scheduled to begin on Oct. 18.</p>
<p>&quot;These bills (stemmed) from a horrible tragedy,&quot; Torlakson spokesman
  Robert Oakes said Thursday. &quot;This family that suffered an incredible loss
  was willing to testify to state legislators. They went out so far.&quot;</p>
<p>Oakes said the new laws will eradicate loopholes that allow repeat DUI
  offenders to stay on the road.</p>
<p>&quot;If these laws had been in place last year, that woman would not have
  been driving,&quot; he said. &quot;But this is a reminder that when good people are
  willing to take part in the public process, good things can happen.&quot;</p>
<p>Steve McKaskey, president of the Alameda County Chapter of Mothers
  Against Drunk Driving, said the group supported all three bills
  throughout the legislative process.</p>
<p>&quot;We believe they will help reduce the death toll due to
  alcohol-related crashes on our streets and highways,&quot; he said.</p>
<p>McKaskey lost his 22-year-old son, Matthew, in a drunken-driving
  accident in Livermore that also killed two others in February 2001. The
  driver, Nicole Le Freniere, 22, is serving a six-year term in Valley
  State Prison for Women in Chowchilla.</p>
<p>The Packs, meanwhile, said they are not ready to sit back and relax
  just yet. Already, they are hoping to introduce drug-reform legislation
  next year.</p>
<p>&quot;There is much more we can do,&quot; Bob Pack said. &quot;I would like to say to
  the governor that this is just the beginning. Next year, 'I'll be
  back.'&quot;</p>
<p>Staff writer Simon Read covers public safety for the Herald. He can be
  reached at (925) 416-4849, or <a
                          href="mailto:sread@angnewspapers.com">sread@angnewspapers.com</a>.</p>
<p>Are you in need of <a href="http://www.dui.com/california">California DUI Lawyers</a>?</p>]]>
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                      <title>California County Works to Rehabilitate Drunk Drivers</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/california-rehabilitates-dui-drivers</link>
                      <description>Placer County effort aimed at repeat DUI offenders</description>
                      <author>Ron</author>
                      <pubDate>Wed, 01 Aug 2007 12:07:14 -0500</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI</category>
     
     
        <category>DUI offenders</category>
     
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        <![CDATA[<p>Placer County, California is employing a multi-faceted program aimed at reducing recidivism in high-risk <strong>DUI offenders</strong>. The effort is funded with a than $225,000 grant from the <a href="http://www.ots.ca.gov">California Office of Traffic Safety</a>, and it has the support of local police and courts.</p>
<p>The key is intensive probation supervision. Those convicted of multiple <strong>California DUI</strong> arrests are subjected to psychological evaluations meant to help identify offenders most likely to drive drunk again. In addition to jail time, high fines and fees and victim restitution, high-risk offenders will face three to five years of formal supervision. They must complete alcohol abuse rehabilitation and submit to regular alcohol testing.</p>
<p>The grant funds a two-year pilot program that, to date, has reviewed the cases of more than 50 <strong>DUI</strong> offenders.</p>]]>
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                      <title>137 Years For DUI</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/years</link>
                      <description></description>
                      <author>admin</author>
                      <pubDate>Thu, 22 Mar 2007 23:00:00 -0500</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI Penalties &amp; Fines</category>
     
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        <![CDATA[
                          DRUNKEN DRIVER GETS 137 YEARS FOR 9 CRASH VICTIMS 

                          <p>Wednesday, July 17, 1996</p>

                          <p>By: Associated Press</p>

                          <p>A drunken driver got nine prison terms for nine lives lost in a
                          flaming freeway accident on Father's Day 1995. The total sentence for
                          Teodolo Bermudes was 137 years, eight months, without chance of parole.
                          ''When I first learned the details of this case, I was heartsick over
                          it,'' Superior Court Judge J. Thompson Hanks said when handing down the
                          sentence Monday. ''He killed a whole family. It's beyond tragic.''</p>

                          <p>Bermudes was convicted last month on nine counts of second-degree
                          murder for causing a wreck on Highway 60 near the junction with
                          Interstate 10 outside Beaumont.</p>

                          <p>The family of Jose Rodriguez and Mercedes Diaz de Rodriguez, packed
                          into a 1968 Plymouth Valiant, was struck from behind by Bermudes'
                          fast-moving Ford pickup. Witnesses said the truck had been weaving. The
                          Valiant flipped and burst into flames.</p>

                          <p>Bermudes kept going but was arrested in nearby Banning. The parents
                          and a small daughter were pulled from the burning car, but the girl died
                          from burns a month later. Four of the Rodriguez children, three
                          grandchildren, their adult daughter and the father of two grandchildren
                          were killed.</p>

                          <p>Witnesses testified that Bermudes had been drinking all day and had
                          enough alcohol in his blood to equal 10 to 12 beers. Hanks said he owed
                          the Rodriguez family equal punishment for every life lost. The parents
                          weren't in court Monday.</p>

                          <p>Bermudes got 15 years to life for each death, plus two years, eight
                          months for six related felony and misdemeanor drunken driving charges.
                          ''With all due respect, I have asked for forgiveness five times,'' said
                          Bermudes, 36, a landscaper from Cathedral City. ''Not so that charges be
                          removed or punishment lightened. In public, I am regretful for what I
                          have done.'' ''He is a decent, conscientious, hard-working fellow,'' said
                          Bermudes' attorney, Deputy Public Defender Frank Scott. ''But he is an
                          alcoholic.''</p>

                          <p>Prosecutor Creg Datig told the judge Bermudes was a threat because he
                          couldn't seem to control the urge to drive while intoxicated. Bermudes
                          had two previous drunken driving arrests.</p>

                          <p>SAN JOSE MERCURY NEWS</p>
                        ]]>
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                      <title>Driving on a Suspended License</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/suspended-license</link>
                      <description>Driving with a Suspended License in California?</description>
                      <author>admin</author>
                      <pubDate>Thu, 22 Mar 2007 23:00:00 -0500</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI Penalties &amp; Fines</category>
     
      <content:encoded>
        <![CDATA[<p>Suppose you lend your car to a friend. You know that she does not have
  a valid driver's license, but she's just going on a short errand. For
  some reason a police or CHP officer pulls her over. New Senate Bill 1758
  requires that your car be impounded for 30 days. You will face
  misdemeanor charges, and to get the car back, you will have to pay
  towing, storage and other charges which could easily add up to
  $1,000.00</p>
<p>Or, you received a misdemeanor conviction for driving on a suspended
  license last month, but you decided to do it again. You get pulled over
  for a traffic violation. Under new Assembly Bill 3148, your car will be
  impounded, and possibly forfeited and sold by the state. These are a few
  of the strict new California laws which took effect January 1, 1995.</p>
<p>Many of the new anti-crime laws enacted by the Legislature were
  auto-related, DUI laws were strengthened; laws against car-jacking were
  written; immediate revocation of drivers' licenses were added to many
  drug- and weapons - related charges.</p>
<p>Included in the new auto-related laws in California are two tough
  unlicensed-driver laws, written by Senator Quentin Kopp and Assemblyman
  Richard Katz. Kopp's bill, SB 1758, says that if you are driving without
  a valid license, your car will be impounded for 30 days. Katz's bill, AB
  3148, also known as the Safe Streets Act of 1994, will require any car
  driven by a second-time offender of driving without a license, be
  forfeited and sold by the state. (The San Francisco Chronicle reported
  that in the first week of January 80 cars had been impounded under these
  laws, which are some of the toughest in the nation.)</p>
<p>Since January 1, if a driver is stopped and the officer cannot verify
  a valid license, SB 1758 says the vehicle should be impounded for 30
  days. (In actual practice some jurisdictions have not been keeping them
  that long.) To get the car back the driver is required to pay fines, city
  administrative fees, towing fees, and daily storage fees. In San
  Francisco for example, the administrative fee is $150, towing fee is $120
  and the daily storage rate is $25 after the first day.</p>
<p>Under SB 1758, people who knowingly lend their cars to unlicensed
  drivers can face misdemeanor charges and a minimum fine of $300.</p>
<p>Under AB 3148, for a second offense within five years, the driver
  faces a mandatory jail sentence, impoundment and forfeiture of the
  car.</p>
<p>Some details:<br />
  What happens if you're pulled over by a traffic officer and you just
  don't have your license with you? If the officer can verify that you do
  have a valid license, that car will not be impounded. However, if the
  officer cannot verify the license, the car will be impounded and the
  driver has three working days to come up with a valid license.</p>
<p>If this happens to you, call a <a href="http://www.dui.com/california">California DUI Lawyer</a>?</p>]]>
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                      <title>Double Prison Time</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/new-dui-law</link>
                      <description>New California DUI Law Increases Sentences for Repeat Drunk Drivers Who Kill.</description>
                      <author>admin</author>
                      <pubDate>Thu, 22 Mar 2007 23:00:00 -0500</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI Penalties &amp; Fines</category>
     
      <content:encoded>
        <![CDATA[<p>By: From Associated Press</p>
<p>SACRAMENTO<br />
  Gov. Pete Wilson signed legislation Thursday to more than double prison
  terms for repeat drunk drivers involved in fatal accidents, saying that
  &quot;from now on, the punishment will match the crime.&quot;</p>
<p>The bill, known as &quot;Courtney's law,&quot; was named for 15-year-old
  Courtney Cheney of Roseville, who was killed last year by a drunk driver
  with four prior convictions for driving under the influence of
  alcohol.</p>
<p>The new law imposes prison sentences of 15 years to life for motorists
  convicted of gross vehicular manslaughter who have two or more previous
  convictions for drunk driving or one prior conviction for vehicular
  manslaughter or a similar charge.</p>
<p>&quot;A drunken driver is more than an accident waiting to happen. You're a
  loaded weapon,&quot; Wilson said. &quot;We are sending a message to California
  motorists, one we hope will scare them sober.&quot;</p>
<p>In a bill-signing ceremony in Wilson's office, Suzanne Meyer,
  Courtney's mother, said it was &quot;both a happy and sad day for us,&quot; sad
  because she still mourns her daughter's death, but happy because her name
  will be memorialized in a law that will save lives.</p>
<p>Assemblywoman Jackie Speier (D-Burlingame), principal author of the
  bill, described it as a three-strikes law for serious drunk driving
  offenders.</p>
<p>She said current law will let the driver who killed Courtney out of
  jail in 5 1/2 years.</p>
<p>&quot;Everything we can do to stop the slaughter must be done,&quot; Speier
  said. &quot;Pure and simple, Courtney's law takes problem drunken drivers off
  the road and puts them behind the bars where alcohol is never
  served.&quot;</p>
<p>Type of Material: Wire Service Story</p>
<p>Descriptors: WILSON, PETE; CALIFORNIA &#151; LAWS; SENTENCING; DRUNK DRIVING;</p>
<p>Are you in need of a <a href= "http://www.dui.com/california">California DUI Attorney</a>?</p>]]>
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                      <title>New California Laws - 1999</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/california-laws-1999</link>
                      <description></description>
                      <author>admin</author>
                      <pubDate>Thu, 22 Mar 2007 23:00:00 -0500</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI Penalties &amp; Fines</category>
     
      <content:encoded>
        <![CDATA[
                          <p>New California Laws<br />
                          </p>
                          From AAA Magazine, January 1999 
                          <hr />

                          <p align="center"><a title="2005 California Laws"
                          href="resolveuid/d981dc56dfb9b7ca957ffcffc8f5ec11">New California Laws - 2005</a></p>

                          <p><strong>Who'd have thought it? Vehicle license fees go
                          down.</strong></p>

                          <p>The votes are in the laws have been replaced if damaged The motorist
                          passed. The California Legislature has must carry proof of proper
                          installation. hammered out an updated version of the state's Vehicle
                          Code. (Get this: Over 10 additions were made to the Vehicle Code about
                          transporting kitchen grease!) Some changes that affect California drivers
                          include lower vehicle license fees, extending the stoplight camera
                          program for red-light runners, and a measure that helps protect money
                          designated for highway use from being diverted to other projects. Here
                          are some highlights:</p>

                          <p><strong>Saving money</strong></p>

                          <p>A 25 percent reduction in the vehicle license fee, collected at the
                          time you register your car, goes into effect January 1. The fee could be
                          reduced further in the future if certain state General Fund conditions
                          are met. Assembly Bill (AB) 2797.</p>

                          <p><strong>Continued enforcement</strong></p>

                          <p>Stoplight cameras that help catch red-light runners are now permanent.
                          A new law repeals the January 1, 1999, sunset date for "automated
                          enforce-ment devices" at traffic control signals. Senate Bill (SB)
                          1136.</p>

                          <p><strong>Payment options for some</strong></p>

                          <p>People who face hardship in paying traffic infraction fines soon can
                          be sentenced to community service instead. The courts will have the
                          discretion to determine what consti-tutes a financial hardship. AB
                          2197.</p>

                          <p><strong>Don't even think about it</strong></p>

                          <p>No vehicle may be equipped with any device that can jam, scramble,
                          neutralize, disable, or otherwise interfere with a radar, laser, or any
                          other electronic device used by the police to measure speed. Not only is
                          using such devices illegal, but you can't even purchase, possess, sell,
                          manufacture, or distribute them either. SB 1964.</p>

                          <p><strong>Bothered by ultraviolet rays?</strong></p>

                          <p>Motorists will be allowed to put UV ray blocking material on
                          front-side windows, but the material must be clear and must be removed
                          or</p>

                          <p><strong>Keeping the roads safe</strong></p>

                          <p>Large, noncommercial vehicles, such as RVs, are the focus of a
                          resolution requiring a study of whether vehicles 80 or more inches wide
                          and 80 or more inches high contribute to traffic accidents when driven in
                          the left lane on multilane freeways. Assembly Concurrent Resolution
                          187.</p>

                          <p><strong>Protecting highway funds</strong></p>

                          <p>A ballot measure passed by voters in November now places certain
                          restric-tions on the loan of revenue from fuel taxes to the state General
                          Fund. The restrictions include the requirement that the General Fund
                          repay the loan in full and during the same fiscal year in which it was
                          borrowed. This state Constitutional Amendment was approved by the voters
                          and is now in effect. Assembly Constitutional Amendment 30.</p>

                          <p><strong>Stop!</strong></p>

                          <p>A new law changes the penalty for people who knowingly flee from a
                          peace officer. Now, a minimum of six months in prison is required for
                          anyone who flees a peace officer. (The maximum time in prison for this
                          offense is one year.) AB 2066. The prison term for people who willingly
                          flee a peace officer, and in doing so cause a person serious injury or
                          death, is increased to three to five years. AB 1382.</p>
                          <hr />

                          <p>All laws go into effect January 1, 1999. unless otherwise noted.
                          Nevada's legislature meets in alternate years, and 1998 was not a
                          legislative year. Utah lows generally go into effect on July 1; the
                          July/August VIA will include a summary of new troffic laws for that
                          state. A digest of motoring laws, with more details and information, is
                          available at AAA district offices.</p>
                        ]]>
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                      <title>California DUI Could Lead to Impounded Car</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/california-dui-auto-impound</link>
                      <description>New program aimed at deterring repeat California DUI offenders from driving drunk</description>
                      <author>Monica</author>
                      <pubDate>Wed, 17 Jan 2007 16:04:25 -0600</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI</category>
     
     
        <category>DUI conviction</category>
     
     
        <category>DUI offenders</category>
     
     
        <category>drinking and driving</category>
     
     
        <category>drunk driving</category>
     
      <content:encoded>
        <![CDATA[<p>Local municipalities across California are now empowered with a new program designed to reduce <strong>drunk driving</strong>. If someone is stopped for suspicion of <strong>California DUI</strong> or is found driving without a driver&rsquo;s license, the motorist&rsquo;s vehicle could be impounded for 30 days.</p>
<p>The program is funded by a grant from the <a href="http://www.ots.ca.gov/">California Office for Traffic Safety</a>. Titled the &lsquo;Vehicle Impound Program by OTS&rsquo;, the goal is to remove <strong>DUI </strong>drivers and those driving with a suspended or revoked license as a result of a <strong>DUI conviction</strong> from the streets by taking away their vehicles. Police logs show that repeat <strong>DUI offenders</strong> are more likely to drive without a license.</p>
<p>The grant covers pay for officers staffing sobriety checkpoints and conducting <strong>DUI</strong> enforcement operations. In addition, sting operations will be used to catch people driving to or from a courthouse with a suspended or revoked driver&rsquo;s license. Repeat <strong>California DUI offenders</strong> and those who drive without a license could have their cars impounded for 30 days.</p>
<p>It is hoped that the program increases public awareness of the problems of <strong>drinking and driving</strong>, and that the loss of a vehicle acts as a deterrent.</p>]]>
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                      <title>Holiday Campaign Targets California DUI</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/california-dui-holiday-campaign</link>
                      <description>Prosecutors seek more convictions for drunk driving</description>
                      <author>Monica</author>
                      <pubDate>Thu, 14 Dec 2006 11:13:36 -0600</pubDate>
                      
     
        <category>California DUI</category>
     
     
        <category>DUI</category>
     
     
        <category>drunk driving</category>
     
      <content:encoded>
        <![CDATA[<p>At a press conference this week District Attorneys from across California announced a &lsquo;Make it Home for the Holidays&rsquo; campaign. The effort was funded by a $3.3 million grant given to the California District Attorneys Association by the <a href="http://www.ots.ca.gov">Office of Traffic Safety</a>. It represents the first statewide coordinated campaign to address <strong>California DUI</strong> during the holidays.</p>
<p>The goal of the three-year grant is to increase the <strong>California DUI</strong> conviction rate through better training of prosecutors.</p>
<p>California has one of the highest rates in the nation for alcohol related traffic fatalities. State prosecutors would like to see penalties for <strong>drunk driving</strong> increased. Currently a person can be convicted of three <strong>California DUI</strong> arrests before being charged with a felony. </p>]]>
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                      <title>California Considering DUI Ankle Bracelets</title>
                      <link>http://www.dui.com/dui-library/california/penalties-fines/california-dui-ankle-bracelets</link>
                      <description>Alcohol detecting devices could be used to track repeat DUI offenders</description>
                      <author>Monica</author>
                      <pubDate>Tue, 07 Nov 2006 14:33:26 -0600</pubDate>
                      
     
        <category>DUI ankle bracelet</category>
     
     
        <category>alcohol monitors</category>
     
      <content:encoded>
        <![CDATA[<p><img style="FLOAT: right" height="225" alt="California DUI Ankle Bracelet" width="150" src="resolveuid/5a6462a8035d9713ced0da96ea32d18b" />Following the lead of more than twenty states, legislation is now on <a href="http://gov.ca.gov/">California Governor Arnold Schwarzenegger&rsquo;s</a> desk that would encourage counties across the state to use ankle bracelets in the fight against habitual <strong>DUI</strong> offenders.</p>
<p>The half-pound <a href="http://www.alcoholmonitoring.com/">Secure Continuous Remote Alcohol Monitors</a>, or SCRAMS can detect alcohol in perspiration. The device gathers information periodically and the wearer is responsible for relaying that information to a central processing computer at least once a day. Probation and court officers can review that information to determine if the bracelet wearer is violating conditions of their probation.</p>
<p>Use of the bracelet is usually reserved for those who have been arrested for repeat <strong>DUI</strong> offenses. Typically court sentencing for repeat <strong>DUI</strong> offenses includes alcohol counseling and rehabilitation. That is why the monitoring for alcohol consumption is important.</p>
<p>In <a href="http://www.sandiego.gov/">San Diego County</a>, where almost a quarter of those arrested for <strong>drunk driving</strong> are repeat <strong>DUI</strong> offenders, County Sheriff&rsquo;s Department spokeswoman Jan Caldwell says, &ldquo;Anything that helps keep <strong>drunk drivers</strong> off the roads, anything that keeps our deputies from going to these senseless, thoughtless crime scenes, is a good idea.&rdquo;</p>]]>
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