The flashlights have been used in Livermore California and are beginning to see wider acceptance. The sensor has a color-based measurement scale that goes from green to red depending on the amount of alcohol detected. A Livermore officer says they are a great tool for California DUI enforcement, when used properly.

The California Vehicle Code, however, clearly states that a law enforcement officer requires the permission of the driver to take a preliminary alcohol test. Typically a portable breath test device is used when drunk driving in California is suspected. The American Civil Liberties Union and other critics say the special alcohol detecting flashlights infringe on an individual’s rights. They clarify that the device only tests the ambient air, meaning that a completely sober person, like a designated driver, could be forced to undergo further tests and even be arrested for CA DUI.

Police say the flashlight is just another tool. When alcohol is detected, the officer is supposed to perform additional investigative techniques, such as conducting a field sobriety tests or taking a breath or blood sample.

Traffic injuries attributable to California DUI in Alameda County are down 10% over the past five years.

Are you searching for an Alameda, CA DUI lawyer?

Becerra, 18, and his two passengers managed to get out of the vehicle before the oncoming train hit his car. The impact though forced the car from the tracks, and into Becerra.

The responding California Highway Patrol officers found Becerra to be driving under the influence. In addition to being treated for minor injuries, he was charged with California DUI in Stockton.

Are you looking for a Stockton, CA DUI Attorney?

The high lead content of aviation fuel can harm a conventional car engine but police reportedly have had several people try to illegally fill their gas tanks thinking it would boost performance. The fuel is accessible from a self-serve pump using a credit card. The illegal effort wasn’t to save money as aviation fuel costs $5.97 per gallon.

It is speculated that Rodebush received the combination to the gate lock from someone who works at the airport. He was charged with unauthorized use of the gas pump, attempted theft, trespassing and California drunk driving.

Have you been charged with CA DUI?

The Cadillac was blocking both lanes due to the accident, and the policeman watched as the BMW deliberately rammed it two times in order to clear the way. While the corporal attended to the two unhurt middle-aged women in the Cadillac, another officer stopped the fleeing BMW a short distance away.

A male passenger in the BMW was questioned and released. The 16-year female driver however was taken to juvenile hall and booked for reckless driving, hit and run, possession of marijuana, assault with a deadly weapon and California driving under the influence in San Mateo County.

Do you need to find an experienced San Mateo County, CA DUI Attorney?

Smog certificates will be sent by computer from smog check stations straight to the Department of Motor Vehicles. And in another high-tech twist, mobile smog sensors on the roadside will test cars as they roll by and immediately report them to the state.

The program, dubbed "Smog Check II,'' is state officials' answer to changes mandated by the 1990 federal Clean Air Act. The new laws are appearing in bits and pieces -- some parts of the program require expensive new smog check stations and equipment -- but should be fully in place by 1998.

The aim is to clear California's notoriously hazy air, especially in smog-choked areas such as Sacramento and Los Angeles. The number of cars failing smog tests, about 18 percent of all vehicles tested in 1994-95, is expected to go up because of more sensitive testing equipment.

The big target is the smog- belching cars the state deems "gross polluters.'' About 10 to 15 percent of cars and trucks cause about half the state's smog problem. The state wants those off the road, so much so that officials may start offering to buy cars that cannot pass a smog test.

"This program is serious about getting high-polluting vehicles repaired,'' said Maria Chacon Kniestedt, spokeswoman for Smog Check II. "Cars that used to be out on the road year after year causing big pollution problems will not be able to do that anymore.''

The new smog laws are nothing if not complicated. Some of the new laws are in effect, while others are just around the corner:

-- As of last month, all California smog certificates are issued electronically. Cars and trucks to be tested are first identified by the DMV computer, and if the vehicle passes, the results are sent straight to the DMV. The procedure has required garages that conduct smog checks to spend about $2,500 to update each smog machine and adds about 10 minutes to the length of the test.

-- Smog tests will vary widely by area. Drivers in many rural regions and most parts of the Bay Area, where air pollution is less severe, will still have their cars tested at any garage offering the service. The test still measures tailpipe gases while the car is standing still, although some emission limits have changed for some cars. The new test also checks for oxides of nitrogen, a pollutant the state has never screened for before.

In very smoggy areas, such as Vacaville, Fresno and San Diego, 15 percent of vehicles will have to be checked at special new "test-only'' smog centers. And all cars, whether checked at a garage or a test-only center, will have to be tested on a treadmill-like machine called a dynamometer. Sacramento already has the new system, and the rest of the Central Valley is next, scheduled for next spring.

-- Waivers for problem cars will be much harder to get, and drivers will have to go to special test or referee centers to get them. Owners will have to spend a minimum of $450 to bring their cars into compliance before applying for a waiver, and waivers will be issued only once every four years. Drivers who cannot afford the repair bill can apply for a one-time, one-year extension.

SLOW CHANGES, BIG REACTIONS

The changes are being phased in gradually, but they already have some drivers up in arms.

Owners of older cars worry that the new tests are too restrictive for classic roadsters, and they are especially concerned about a new part of the smog test that requires revving the engines of cars manufactured before 1981 to test emissions. State officials counter that the new laws are not part of any campaign to force someone's classic Ford Mustang off the road.

Cars manufactured before 1966 do not have to have smog checks, and older cars that must be tested do not have to meet the same standards as newer vehicles. Many mechanics say good maintenance, not age, is the key to passing the test.

Still, similar programs in other states have sparked grassroots campaigns to repeal the laws.

"I'm sorry to hear California will have something like this,'' said Greg Bell, spokesman for the Coalition to Repeal Ohio E-Check, a group fighting a similar program and picketing smog check stations in Ohio. "It is too restrictive, and it just doesn't work.''

Even if California's new program is only half in place, some drivers are already noticing -- and sometimes fuming about -- parts of Smog Check II already in effect.

At Stauder Chevron in Oakland, a garage that does about 10 to 15 smog checks a day, co-owner Mike Stauder has already seen some irate customers.

"People who fail the test by a big margin can have their car fixed here, but then they have to go get retested at the referee center, and there can be a big backlog,'' Stauder said. "Some customers are not too happy about it.''

Just trying to get in touch with the referee centers indicated that customers may indeed have to wait for tests -- 15 phone calls over three days yielded only a busy signal each time.

At San Francisco Auto Repair Center, owner Jerry Lewis said the new laws have just about everyone confused. "I get calls from customers wondering about the law. I get calls from other garages,'' he said. "To many people, the rules seem very vague right now.''

In the middle of all the crossed signals, however, the drivers who seem the most unhappy are those who don't want to spend the money to fix their smoky road machines, Lewis said.

"We get a certain number of people who are very upset,'' said Lewis. "I tell them to go live in L.A. and see what it's like.''

Some watching the new tests in action say most drivers have nothing to worry about. At the California State Automobile Association office in Sacramento, senior auto service specialist Bob Kelleher has been checking with garages that administer the new tests.

MOSTLY POSITIVE BUZZ

"There are customers who don't like it, but overall what I've heard has been pretty positive,'' said Kelleher. "About 90 percent of the vehicles that failed the test the first time passed it after being repaired.''

The way to pass the new smog check, state officials and mechanics say, is to keep your car well- maintained. Tampering with any part of a vehicle's emission system is asking for trouble, because such changes will mean a trip to a special test or referee center when smog check time rolls around.

"We get people who come in here who drive around with their engines two to three quarts low on oil,'' said Mike Stauder at Stauder Chevron. "Cars are just not kept up like they used to be.''

----------------------------------------------------------------------

NEW SMOG RULES FOR CALIFORNIA

Under California's complicated new Smog Check II program. how your car or truck will be testred depends a lot on where you live. Parts of the state with the dirtiest air -- mostly the Sacramento, Central Valley, Los Angeles and San Diego areas -- will face the toughest tests on new equipment. For other parts of the state, including most of the Bay Area, there are also strict new rules and standards.

HOW REMOTE SMOG SENSING WORKS

Remote smog sensors are appearing along California roadsides to measure emissions from cars as they drive by. The entire process takes about three seconds.

(1) An infrared beam shot across the highway picks up the contents of a car's exhaust. A calibrator and computer on the other side of the road screen and measure the emissions.

(2) At the same time, a camera snaps a pictire of the vehicle's license plate. The state uses that in information to find and notify the vehicle's owner if emissions are too high.

SMOG TESTS DEPENDS ON WHERE YOU LIVE

HOW OFTEN VEHICLES ARE TESTED

Toughest testing (a) Once every two years, unless vehicle is a high polluter, and when vehicle change owners.

Less strict Once every two years, unless vehicle is a high polluter, and when vehicle changes owners.

Least strict Only when vehicle changes owners.

HOW VEHICLE IS TESTED

Toughest testing (a) 15 percent of all vehicles tested at new smog centers, others tested at private garages. All tested on treadmills. Test results sent by computer to DMV.

Less strict All tested at private garages, no treadmill. Test result sent by computer to DMV.

Least strict All tested at private garages, no treadmill. Test results sent by computer to DMV.

IF VEHICLE FAILS

Toughest testing (a) High polluters must be repaired and retested at new smog centers. Less severe polluters must be repaired and retested at either private garages or smog centers.

Less strict High polluters must be repaired and retested at special referee centers. Less severe polluters must be repaired and retested at private garages.

Least strict Allvehicles must be repaired and retested at private garages.

REPAIR COST WAIVERS (b)

Toughest testing (a) Vehicle owner must spend at least $450 on smog-relatred repairs before getting a waiver if vehicle fails test.

Less strict Vehicle owner must spend at least $450 on smog-related repairs before getting a waiver if vehicle fails test.

Least strict N/A

Toughest testing (a) If you cannot afford needed smog repairs, you may apply for a one-time, one-year extension.

Less strict If you cannot afford needed smog repairs, you may apply for a one-time, one-year extension.

Least strict N/A

(a) The new program for more polluted areas will only take effect as Smog Check II becomes fully operational in those areas. Currently, Sacramento is the only area where the program is completely in place. The Central Valley will follow next spring. (b) Waivers are not avaiable for vehicles that are changing ownership or are being registered in California for the first time.

PAGE ONE -- Stricter Smog Rules For Cars
State Zeroes in on Most-Polluted Areas

April Lynch, Chronicle Staff Writer

Are you in need of a California DUI Lawyer?

The most interesting finding of the survey, which was conducted by a division of the San Francisco Department of Public Health, is the suggestion that the person being interviewed understands the problem of barreling through a red light but says it's never his fault, says a city psychologist.

"The study suggests that people accurately see why others run red lights -- they're `in a hurry' or `not paying attention,' "said psychologist Stan Lipsitz, "But in terms of their own behavior, they make excuses, they deny responsibility."

The informal random survey was conducted in the summer of people waiting in line at the San Francisco office of the state Department of Motor Vehicles. The San Francisco Emergency Medical Services Agency said yesterday that while its survey was more casual than scientific, it still found enough material from the 460 people interviewed to suggest that maybe the city should put officers on every intersection in town, 24 hours a day, or at least keep college-educated men out of cars.

Here's what the survey found:

• Twice as many men run red lights as women, although there are nearly as many female drivers as male drivers in San Francisco. But twice as many men "can accurately define running a red light.'' (Entering an intersection on the yellow light is OK, police say. Entering it on a red is not.)
• Most people think they won't get caught running red lights, and so they keep on doing it.
• Few drivers will actually admit they tried to beat the light. Most say they couldn't stop or tried too late to stop.
• More than half of the people who confessed to being chronic red-light runners had a college degree. (Less than 36 percent of San Francisco's population has graduated from college.)

The survey by the medical services agency, the ambulance-running arm of the city health department, is part of a Federal Highway Administration campaign to warn drivers across the country of the seriousness of running red lights. The ambulance agency got a $30,000 federal grant to help with the survey.

In 1995, more than 41,000 people were killed in the United States because of traffic accidents, according to the city health department. More than 20 percent of those crashes were caused by drivers who ignored traffic signals.

For its part in the nationwide campaign, San Francisco is already cracking down on red-light running with the installation last year of three cameras at bad intersections around town.

The cameras -- at Fifth and Howard streets, 19th and Holloway avenues, and Seventh and Mission streets -- automatically take pictures of any car traveling faster than 15 mph that enters an intersection after the light has turned red. The private companies that operate the cameras develop the film and ``zoom in on each frame,'' said city traffic engineer Bond Yee, and then give the Police Department the car's license plate number.

The picture also identifies the driver through the windshield. The police mail the car owner a ticket, Yee said, and if the registered owner wants to challenge the citation, he or she "has to come down to court and tell the judge, `It wasn't me.'"

Yee said there are some loopholes in the system -- "If the picture is not conclusive, or there's glare, or if the front license plate is out of focus, then those are not mailed out." And motorcycles go free -- they have no front plates, and it is nearly impossible for a camera to accurately identify the face of a motorcyclist wearing a full-face helmet.

So far, there don't seem to be any major complaints by those who have been ticketed -- 442 citations were issued in November and 508 in December.

Deputy City Attorney Katharine Albright said her office consulted with the state Legislature to see if "it was possible that somebody would allege an invasion of privacy. It's clear, however, that the privacy concern is balanced overwhelmingly by the compelling need to enforce red-light laws. Any time you have a law and hope to enforce it, you hope they'll obey the law."

Hope is one thing, getting people to obey is another.

"We say other people should live better lives, but we don't necessarily do it ourselves,'' Lipsitz, the psychologist, said.

"Then there's the whole psychology of driving behavior and the meaning of cars. People see cars as extensions of themselves -- their private selves, rather than their public selves. So they're more likely to act out on the basis of aggressive impulses or fantasies than they would ordinarily do in their public behavior."

And a San Francisco traffic cop with nearly three decades' experience, a man who has the unique perspective of dealing with those impulses and fantasies at street level day after day, says the problem can be summed up this way:

"If they see the yellow, they step on the gas. What they should do is step on the brake. But they don't.''

The San Francisco Chronicle

By Michael Taylor, Chronicle Staff Writer

Are you in need of a California DUI Lawyer?

Aggressive, multimillion-dollar alcohol advertising campaigns geared toward Latinos exacerbates a community already disproportionately plagued by social ails, said Edwardo Hernandez, author of a report presented by CalPartners Coalition.

"A substantial number of Latinos are dying because of substantial alcohol use," said Hernandez.

At stake is one of the nation's fastest growing populations: Latino youths, who will have a dramatic effect on public health, schools and criminal justice, he said. Advertising seems to soak in at an early, vulnerable age, said Hernandez, noting a Corona beer campaign that insists it is the "Drinko for Cinco."

The group launched its report to counter Cinco de Mayo celebrations around the state where, at some, drunken brawls have eclipsed cultural significance.

Attention from public health leaders, legislators and the industry would create more responsible marketing and sales in the way that public outrage curbed cigarette advertising in recent years, the coalition contends.

"We have a lot to learn from our friends in the tobacco industry," said Mark Capitolo, spokesman for the coalition.

Industry giant Anheuser-Busch Co. markets to influence adults' brand choice, said spokesman Louis Deleon in a written statement. The ads are as diverse as the marketplace, he said.

"To suggest that people of a certain ethnic origin should be protected from certain types of advertising is elitist, condescending and insulting." The company works with Latino-owned advertising agencies to develop culturally sensitive campaigns, he said.

Yet the trend among Latinos runs counter to drinking habits among other ethnic groups, burdening Latinos with a greater share of alcohol-related health problems, Hernandez said.

Between 1984 to 1995, heavy drinking dropped from 20 percent to 12 percent among whites, but edged up among Latinos from 17 percent to 18 percent during the same time, according to a Public Health Institute study.

Specifically, four out of 10 Mexican Americans with alcohol-related problems, like liver disease, die before 50, but only three out of 10 whites with alcohol problems die that young, according to a study published in Hispanic Journal of Behavioral Science.

Latinos must examine traditional drinking habits, some imported from homelands, Hernandez conceded, such as heavy drinking tied to religious ceremonies. And though Latinos drink less frequently than other ethnic groups, when they do they drink more, said Hernandez, citing several government studies.

"They may not be aware that bringing home a six-pack is part of the problem," Capitolo said.

But changing the flow of liquor would be like swimming upstream if marketing strategies are not changed, said Hernandez.

Liquor companies do invest in their markets, offering scholarships and financial support of community events, he said. But organizations should re-consider donations linked to sales of the product, coalition members said.

Centro Guadalupe in Sacramento, a coalition member and Cinco de Mayo fete sponsor, turned down liquor industry money with few sacrifices, said center director Sylvia Villalobos. "Somehow, we got taken care of OK."

By M.E. Enkoji Bee Staff Writer

(Published March 27, 1998)

Are you in need of a California DUI Attorney?

Sacramento, California - California Governor Schwarzenegger has signed SB 1613 by Sen. Joseph Simitian (D-Palo Alto) that would prohibit the use of a cell phone in a moving vehicle unless the driver is using a hands free device.

SB 1613 will:

• Prohibit the use of cell phones by drivers unless the driver is using a hands-free device starting July 1, 2008.
• Allow drivers of commercial vehicles to use push-to-talk phones until July 1, 2011.
• Allow drivers to make emergency phone calls without using a hands-free device.
• Allow drivers of emergency response vehicles to use cell phone without a hands-free device.
• Prescribes that a conviction is punishable by a base fine of $20 for a first offense and $50 for each subsequent offenses.

Lobbyists for the bill included Verizon Wireless, the nation largest wireless communications provider, law enforcement agencies and local government agencies. All are projected to make a lot of money from the passage of this bill.

Simitian and Verizon had attempted to get a bill on the use of hand held cellular phones passed in 2003. They did not succeed.

Verizon also sells wireless phones with voice-activated dialing and two-way speakerphone capabilities. The 2000 merger of Verizon, Bell Atlantic and GTE created Verizon Communications.

Veriizon has also been active in lobbying for the enactment of similar legislation in other states. States where Verizon lobbied in that have enacted laws to require the use of hands free cell phone devices include Illinois and Massachusetts in 2000, New York ($100. fine) in 2001, Washington, D.C. and New Jersey in 2004, Connecticut in 2005.

In 2002 -- Verizon Wireless began a partnership with the Georgia State Patrol's Safety Education Division to promote safer and more responsible driving. The Atlanta Journal Constition reported that despite a lack of evidence that hand-held phones are more dangerous on the road than hands-free devices, or other distractions, the DeKalb County, Georgia, enacted a fine of up to $500 for drivers who cause a wreck while talking on cell phones.

The county enacted the new law despite a lack of evidence that hand-held phones are more dangerous on the road than hands-free devices, or other distractions, such as eating.

See law: http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/3128

Source: http://www.ahrc.com

Do you need a California DUI Attorney?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

At the time of my DUI arrest, the officer confiscated my driver license. How do I get it back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified.

For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

Do I need a hearing to get a restricted license to go to and from work?

No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.

The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or Both the blood or breath tests are not available, or You are a hemophiliac, or You are taking anticoagulant medication in conjunction with a heart condition.

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

• A first offense will result in a 1-year suspension.
• A second offense within 7 years will result in a 2-year revocation.
• A third or subsequent offense within 7 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

• A first offense will result in a 1-year suspension.
• A second offense within 7 years will result in a 2-year revocation.
• A third or subsequent offense within 7 years will result in a 3-year revocation.

How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

Source: http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm

Do you need a California DUI Attorney?

California followed the following year stating that no "intoxicated" person shall drive. This word "intoxicated" even to this day has proved to be a 'slippery pig' in determining who is drunk (impaired to the extent that they were not able to operate an automobile safely) and who is not.

During the 1980's, various citizens' groups, most notably Mothers Against Drunk Drivers (MADD), mobilized public support around the idea that existing drunk-driving laws were inadequate and that too often the drunk driver went unpunished or underpunished. The problem before MADD wasn't that peace officers weren't arresting drunk drivers it was that they weren't being properly convicted in the courts.

In 1981 the California legislature responded by adopting comprehensive changes in the law. It was in the decade of the 80's the majority of legislation was made into law. Fifty-five pieces of legislation between the years 1980 and 1986 passed the California legislature and turned into law.

These changes reflected two concerns:
(1) prosecution and conviction of those arrested for driving under the influence and
(2) ensuring that blood alcohol levels (.10) were put on the books to ease the burden
of proving the driver was under the influence.2 This resulted in mandatory minimum sentences for all offenders including the requirement that those convicted of a DUI were required to attended education and counseling classes.

Are you in need of a California DUI Lawyer?

• An officer witnesses a person commit the elements of driving while under the influence; or,
• The under-the-influence driver was lawfully detained by an officer of this or another law enforcement agency; or,
• The under-the-influence driver was lawfully arrested or detained by a private person who witnessed the driving element of the offense.
• An arrest may be made for 23152(a) VC per authority of 40300.5 VC when a traffic collision has occurred but the arresting officer did not witness driving, when:
• The arresting officer has reasonable cause to believe that a person involved in the traffic collision was driving a vehicle while under the influence of intoxicating liquor, or the combined influence of intoxicating liquor and any drug; and,
• The arrest is effected as a continuous uninterrupted portion of the investigation.

Note: The arrest shall be limited to the location of the traffic collision or the location of any timely follow-up investigation.

The element of being under-the-influence shall be based on the objective symptoms observed by the arresting officer. Results of other examinations shall be corroborative evidence only.

343.20 SOBRIETY EXAMINATION. The physical phases of the sobriety examination shall be given when an under-the-influence driver is able and willing to perform them and, when practicable, shall be conducted at the scene of the incident in the presence of witnesses.

A sobriety examination, as per Form 5.2.5, shall be completed when an officer:

• Arrests a person whom he/she witnesses commit the elements of driving while under the influence; or,
• Arrests a driver suspected of being intoxicated who was lawfully arrested or detained by another peace officer or a private person (Manual Section 4/343.10); or,
• Is investigating a suspect for driving-under-the-influence; or,
• Is investigating a traffic collision and an involved driver displays any objective symptoms of being under-the-influence, regardless of whether the driver is arrested.
• When a suspected under-the-influence driver refuses to submit to a field sobriety test, the investigating officer shall, read the Field Sobriety Test Admonition to the driver.

343.25 DRIVING-UNDER-THE-INFLUENCE (DUI) DRUG ARREST PROCEDURES. Arresting Officer's Responsibility. When an arrest is made for driving under-the-influence of drugs or combination of drugs and alcohol, the arresting officer shall:

• Admonish the arrestee regarding a chemical test as per the Chemical Test Admonition on the DUI
• Arrest Report, Form 5.2.5.
• Administer a chemical test to the arrestee.

Note: Whenever possible, a breath test should be administered to determine alcohol intoxication.

If the breath test is obtained and the results are .08% or higher, book the arrestee for Section 23152(a) (DUI) V.C. When the results are below .08%, complete the following:

• Read to the arrestee verbatim the Drug Admonition from the DUI Arrest Report.
• Obtain a urine or blood sample from the arrestee.

Note: If urine is the only chemical examination administered, officers shall obtain the first void for possible detection of drugs, and the second void for the possible detection of alcohol. Both samples shall be marked accordingly and booked as evidence.

If the breath test is obtained and the results are .30% or higher, the arrestee shall be examined by medical personnel pursuant to Manual Section 4/648.17.

Request a Drug Recognition Expert (DRE) or, if none available, a Narcotics Expert.

If an on-duty DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall obtain an MT for the arrestee and request the examining physician to include an opinion regarding objective symptoms and possible drug ingestion.

Exception: If a traffic death or traffic felony arrest is involved and a DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall contact Communications Division and request an on-duty DRE or Narcotics Expert from anywhere in the City. If no on-duty DRE or Narcotics Expert is available, the officer shall contact the Administrative Unit, Detective Support Division, and request that an off-duty DRE be dispatched.

When applicable, include the Drug Influence Evaluation Form (completed by an expert) as a page of the arrest report. Drug Recognition Expert (DRE)/Narcotics Expert’s Responsibility. A DRE or Narcotics Expert is responsible for evaluating and rendering an opinion of the drug influence of DUI Drug arrestees. As part of that examination, the expert shall:

• Advise the arresting officer of any additional tests required.
• Determine if an MT is needed.
• Complete the Drug Influence Evaluation Form.
• Enter a brief description of the findings and the examining officer's name and serial number in the Remarks Section of the Booking Approval, Form 12.31.

Note: If during a drug evaluation, the expert determines that he/she is not qualified to render an opinion, the watch commander approving the booking shall determine if another expert should be called.

343.28 ADMINISTRATIVE PER SE ORDER OF SUSPENSION. 343.30 ARRESTING OFFICER'S RESPONSIBILITY. An officer making an arrest for driving-under-the-influence (DUI) shall complete a DUI arrest report in the usual manner and confiscate the California driver's license of the arrestee when the arrestee:

• Refuses to submit to and complete a chemical test; or Note: The Chemical Test Admonition portion must be read to the arrestee in its entirety, even when the arrestee refuses to submit to or complete a chemical test.
• Takes a breath test which shows a blood alcohol concentration (BAC) level of .08 percent or more; or,
• Takes a urine or blood test and the officer believes that subsequent test results will show that the driver is at or above a blood alcohol concentration of .08 percent. Note: Out-of-state/foreign licenses are not included under California law and cannot be confiscated.

Upon completion of the DUI arrest report and confiscation of the arrestee's California driver's license, the arresting officer shall complete:

• A Department of Motor Vehicles (DMV) Officer's Statement, Form DS367, and write the arrestee's booking number in the upper right corner; and,
• A DMV Administrative Per Se Order Of Suspension/Revocation Temporary License Endorsement, Form DS360.

Upon approval of the DUI arrest report and Administrative Per Se documentation, officers shall:

• Attach page two of the DMV Form DS360 to the DUI arrest report;
• Issue page three of the DMV Form DS360 to the arrestee; and,
• Mail the original Form DS367; page one of the Form DS360; the arrestee's original California Driver License; and Intoxicator EC/IR Operator Checklist, Form 5.20.7, to the DMV location which corresponds with the geographic bureau of arrest. Note: The law requires that all reports and forms be received by DMV within five working days of the date of arrest.

Page two of the DMV Form DS360, issued to the arrestee, will serve as a temporary driver's license for 45 days from the date of arrest for an arrestee with a valid California Driver License in his or her possession. Once the arrestee's driver's license has been confiscated, the arrestee will have 10 days to request a DMV hearing. Failure by the arrestee to request a hearing will result in an automatic suspension of the arrestee's California Driver License.

Exception: The arresting officer shall check the "No Temporary License Issued" box on the DMV Form DS360, and complete the explanation why no temporary license was issued, if:

• The arrestee has an out-of-state/foreign driver license; or,
• The arrestee has not been issued a valid California Driver License; or,
• The arrestee's California Driver License is suspended, revoked, or not in possession.

Packaging Blood or Urine Samples. If an arrestee chooses a blood or urine test, the arresting officer shall follow procedures described in Manual Sections 4/343.40 or 4/343.42. Additionally, the arresting officer shall complete the top half of the DMV Form, DS367A, and mail all three copies of the form to Scientific Investigation Division.

Supervisor's Responsibility. Supervisors approving DUI arrest reports shall ensure that arresting officers have complied with Administrative Per Se procedures (23158.5 VC), when applicable.

343.33 INDEPENDENT TEST BY QUALIFIED PERSON. When qualified persons appear at the place of confinement by requests of the prisoner (Manual Sections 4/658.12 and 4/658.17) or other person, for the purpose of obtaining a breath, blood, or urine sample, they shall be permitted to do so upon consent of the prisoner.

Only a duly licensed doctor, laboratory technologist, bio-analyst, or registered nurse shall be permitted to withdraw a sample of the arrestee's blood. This limitation shall not apply to the taking of breath or urine specimens;

The doctor must be a physician or surgeon (M.D. or osteopath) licensed to practice in the State of California. If there is a question as to the identification of the doctor, Detective Support Division shall be called to see if the doctor is listed in the Directory of the State Board of Osteopathic Examiners;

The laboratory technologists or bio-analysts must be licensed to practice in the State of California. If there is a question as to their identification, Detective Support Division shall be called to see if they are listed in the Department of Public Health directory for licensed laboratory technologists and bioanalysts; and, The registered nurse must be licensed to practice in the State of California and must perform the blood extraction under the supervision or at the immediate direction, of a doctor.

A Follow Up Report, Form 3.14, shall be used, by the officer having custody of the prisoner, to record:

• The time the telephone call was made by or for the prisoner;
• The time the person arrived at the place of confinement and requested to see the prisoner;
• The person's name, address, and telephone number, including business office address and telephone number;
• The time the sample was taken;
• The amount of blood taken as stated by the person;
• The names and serial numbers of the officers witnessing the telephone call and the taking of the breath,
• blood, or urine sample;
• The name of the doctor employing or supervising the registered nurse; and,
• Any other appropriate information.

343.36 CHEMICAL TEST ADMONITIONS. Prior to administering a chemical test to a driving-under-the-influence arrestee, the Chemical Test Admonition (23157 VC) section of the Driving-Under- The-Influence Arrest Report, Form 5.2.5, shall be read to the arrestee. The name and serial number of the admonishing officer shall be entered in the space provided in this section.

Note: The Chemical Test Admonition (23157VC) (Spanish) contained in the Los Angeles Police Department Citation Guide, Form 16.65.0, shall be read to Spanish speaking driving-under-the-influence arrestees, by an officer fluent in, and capable of, testifying in Spanish.

After a breath test, if the arrestee is suspected of driving under the influence of alcohol, the Additional Chemical Test Admonition (23157.5 VC) section of the Driving-Under-The-Influence Arrest Report shall be read to the arrestee. The name and serial number of the admonishing officer shall be entered in the space provided in this section. If drug use is suspected, the Drug Admonition of the Driving-Under-The-Influence Arrest Report shall be read to the arrestee instead of the Additional Chemical Test Admonition. The name and serial number of the admonishing officer shall be entered in the space provided in this section.

343.38 BREATH TEST. Use of Equipment. Breath-testing equipment is located at Metropolitan Jail Section (Parker Center), Valley Headquarters Building, 77th Street Jail Section, and all geographic Areas except Central, Newton Street, Hollenbeck, and Rampart Areas. Operation of the breath-testing equipment shall be restricted to personnel who have been trained in its use. Arresting officers not trained in the use of the breath-testing equipment shall ensure that the examination is administered by an officer trained in its use.

An Intoximeter EC/IR Operator Check List, Form 5.20.7, shall be completed each time the Intoximeter EC/IR is set up for a test and for each subject to whom a test is administered.

Note: Breath-testing equipment may be used as an investigative aid in driving-under- the-influence arrests involving narcotics, non-narcotic drugs, or dangerous drugs, or for other purposes at the discretion of the concerned watch commander.

Watch commanders shall ensure that breath-testing equipment receives timely calibration by qualified personnel.

Administering Test. Prior to administering the test, the testing officer shall observe the subject for a 15-minute period, during which the subject shall not have eaten, drunk, smoked, regurgitated, or vomited.

Note: If the subject regurgitates, vomits, eats, drinks, or smokes between samplings, the pre-testing observation shall be repeated.

At least two breath samples shall be collected. (No waiting period is required between samples.) If the readings of the two samples vary more than .02 percentage points, additional samples shall be collected until the results of any two samples are within .02 percentage points. If five samples have been collected and the test is not complete (two samples, within .02 percentage points), the officer shall direct the subject to submit to either a blood or urine test. Failure to complete a test shall be deemed a "refusal."

Note: Arrestees who obtain a EC/IR reading of .30 percent or higher shall be examined by medical personnel pursuant to Manual Section 4/648.17

Recording Results. The EC/IR test tape shall be separated from the machine only when:

• The test is completed (two samples, within .02 percentage points); or,
• Five samples have been collected and the test is not completed.
• The date/time stamp shall be applied on the front of the test tape with each sample, and the time of each sampling shall be recorded. Note: The date/time stamp and the required entries shall not cover any portion of the test results.
• The EC/IR test tape shall be stapled to the EC/IR Check List on the space provided. The staple shall be positioned in a manner that will not interfere with reading the test results. When the test tape is longer than the Check List, the tape shall be folded in a manner that will not interfere with reading the test results.

The Intoximeter EC/IR Operator Check List shall be completed by the administering officer and:

• Attached to the Arrest Report; or,
• Submitted with the officer's DFAR and a DUI Arrest Report, Form 5.2.5, when no arrest report is completed.

343.40 BLOOD TEST.

Criteria for Requesting. A blood sample may be requested in the following situations:

• The arrestee indicates a willingness to submit to a blood test incidental to the arrest; or,
• The arrestee is in custody for a felony and the level of intoxication would be an essential element in the alleged violation; or,
• The arrestee is unconscious or is so impaired and is unable to consent to a chemical test. When such a condition exists, the following steps shall be taken in order to determine if the arrestee is a hemophiliac or a heart patient possibly using anticoagulant medication:
  • Check for medical information on the arrestee's person such as a "Medic Alert" bracelet or necklace, or any other item indicative of the arrestee's medical background;
  • If a relative or a friend of the arrestee is present who can provide information about the arrestee's medical condition, record the name, the relationship to the arrestee, and the statements of that person in the arrest report; and,
  • Inform the attending physician of all information in the officer's possession which may have a bearing on the arrestee's physical condition.

Requesting Forced Blood Sample Withdrawal. A forced blood sample may be obtained from an arrestee only when all of the following conditions have been met:

• The arrestee is in custody for a felony traffic offense where the injury occurred to a person other than the arrestee; and,
• Intoxication is an essential element of the alleged violation; and,
• The arrestee refuses to voluntarily submit to any of the available chemical tests; and,
• Prior approval from a traffic supervisor has been obtained; and,
• A traffic or patrol supervisor is present at the medical facility (e.g., jail dispensary, contract hospital, etc.) to witness the withdrawal of blood from the suspect.

Note: The name and serial number of the approving supervisor and the supervisor present during the forced blood withdrawal, if different from the approving supervisor, shall be written in the arrest report.

Exception: An arrestee whose medical condition prohibits a blood sample from being taken shall not be forced to submit to a blood test.

Traffic Division Supervisor’s Responsibility. Upon being advised of a request for a forced blood withdrawal, the concerned traffic division supervisor shall determine if the criteria for forced blood withdrawal is met. The approving supervisor, if readily available, should be the supervisor present during the procedure.

The supervisor who is present at the scene of a forced blood withdrawal where the use of force becomes necessary shall ensure that the use-of-force investigation is conducted by a non-involved supervisor.

Requesting Withdrawal. Whenever a blood sample is to be obtained from an arrestee, the arresting officer shall direct a Request for Withdrawal of Blood, Form 4.35, to any of the following hospital personnel:

• Physician.
• Registered nurse.
• Licensed clinical laboratory technologist.
• Licensed clinical bio-analyst.
• Physician or Hospital Employee Refusal. When a physician or hospital employee authorized by Vehicle Code Section 23158 VC refuses to withdraw a blood sample, the officers having custody of the arrestee shall request a supervisor to respond to their location. Upon arrival, the responding supervisor shall:
  • Become familiarized with the situation including a determination that the arrest and officer's actions conformed with Department policy;
  • Verify the refusal by the hospital employee to withdraw blood; and,
  • Attempt to contact an administrator of the hospital who may advise the refusing employee as to responsibilities according to the contract provisions of the hospital, to the City.

When the employee still refuses to withdraw a blood sample, the supervisor shall then request the arrestee to submit to one of the other two remaining chemical tests. When the arrestee refuses the other tests, the supervisor shall advise the officers to complete the appropriate arrest report, including a notation regarding the absence of a chemical test.

Note: If a hospital employee refuses to withdraw a blood sample and the arrestee declines the remaining tests, the arrestee may be transported to a Jail Division Dispensary to obtain the blood sample. After the arrestee is booked and all appropriate reports are completed, the concerned supervisor and officers shall each complete an Employee's Report, Form 15.7, recording all pertinent information regarding the refusal to withdraw blood. The completed Employee's Reports shall be forwarded through channels to Detective Support Division-Attention Medical Evaluation Unit.

Obtaining and Packaging. The withdrawal of all blood samples shall be witnessed by the requesting officer. Officers obtaining blood samples for alcohol or drug analysis shall, in addition to following the procedures outlined on the Analyzed Evidence To Be Refrigerated Envelope, Form 12.51.1, place the defendant's booking number above the officer's serial number when completing the Sealed Evidence Label. If there is no arrestee, the DR number shall be placed in the space above the booking officer's serial number. When there is more than one suspect and a DR number is used, both the DR number and the last name of the suspect shall be used.

Officers obtaining whole blood samples from hospital employees for other than alcohol or drug analysis shall:

• Tilt the vial slowly and gently for approximately twenty seconds to ensure the preservative in the vial mixes with the blood;
• Complete the label on the vial with the suspect's name, the DR number, and the booking officer's initials;
• Check the "Blood Grouping" box on the Analyzed Evidence To Be Refrigerated Envelope, and complete all other applicable reports;
• Place the vial in the Analyzed Evidence Envelope and seal the envelope with a Sealed Evidence Label bearing the date and DR number and the officer's payroll signature and serial number signed in ink; and,
• Affix the Biohazard Label to the upper left corner of the front of the Analyzed Evidence To Be Refrigerated Envelope.

Supervisor Approving. The supervisor approving the booking of the sample shall inspect the sample vial or container label to ensure that the required identifying information is included.

Booking. Whole blood samples shall be booked in the SID courier refrigerated temporary storage locker most convenient for the booking employee. The SID courier shall be responsible for transporting items to be analyzed to SID.

343.42 URINE TEST. Location Obtained. A urine sample shall be obtained from a male arrestee at the booking location, and from a female at:

• Female Jail Unit, Valley Section, when arrested in West Los Angeles, Pacific, or the Valley Areas; and,
• The Area of arrest, when arrested in the metropolitan area.
• Administering Test. An officer or station officer of the same sex as the arrestee shall:
• Escort the arrestee to an appropriate restroom facility;
• Instruct the arrestee that he/she must empty his/her bladder;
• Remain present while the arrestee empties his/her bladder;
• Wait twenty minutes, or as soon as possible thereafter, before attempting to collect a urine sample;
• Provide the arrestee with a pretreated urine sample container;
• Ensure that the container is not rinsed prior to sample collection;
• Remain present while the arrestee provides a urine sample; and,
• Ensure that the label identifying the chemist responsible for preparation of the container is not removed.

Note: A protective glove shall be worn when handling a urine sample.

The Driving-Under-the-Influence Arrest Report (Continuation), Form 5.2.5, shall indicate:

• The time the bladder of the arrestee was first emptied,
• The time the urine sample was collected, and,
• The name of the employee who administered the urine test.

Note: When an arresting officer becomes aware that an arrestee has emptied his/her bladder after coming into the custody of the officer, the twenty-minute waiting period shall begin at the time the bladder was first emptied. The time and circumstances of the emptying shall be recorded on the Driving-Under-the-Influence Arrest Report (Continuation), Form 5.2.5.

Booking Sample. The officer booking a urine sample shall:

• Ensure that the lid is placed tightly on the container;
• Place a completed Sealed-Evidence Label on the side of the container, and place the defendant's booking number above the officer's serial number when completing the Sealed-Evidence Label. If there is no arrestee, the DR number shall be placed in the space above the booking officer's serial number.When there is more than one suspect and a DR number is used, both the DR number and the last name of the suspect shall be used;
• Complete the Analyzed Evidence To Be Refrigerated Envelope, Form 12.51.1, and check the appropriate box, "Alcohol Analysis" or "Drug Analysis;"
• Place the container in the Analyzed Evidence Envelope;
• Seal the flap of the envelope with a completed Sealed Evidence Label; and,
• Affix the Biohazard Label to the upper left corner of the front of the Analyzed Evidence Envelope.

Alcohol and/or opiate urine samples shall be booked in the SID courier refrigerated temporary storage locker most convenient for the booking employee. The SID courier shall be responsible for transporting items to be analyzed to SID.

Supervisor Approving. The supervisor approving the booking of the sample shall inspect the sample vial or container label to ensure that the required identifying information is included.

343.57 REFUSAL TO SUBMIT TO OR COMPLETE CHEMICAL TEST-NOTIFICATION TO DMV. When a person who has been arrested for operating a motor vehicle while under the influence of intoxicating liquor and/or drugs refuses to submit to or complete a chemical test, the arresting officer shall mark the left margin of the related Driving-Under-The-Influence Arrest Report, "Copy to Bureau Traffic Division Auditor."

343.60 DRIVING-UNDER-THE- INFLUENCE ARREST-OFFICER REPORTING. When an arrest is made for any offense committed while driving a vehicle under the influence of alcohol and/or drugs, one officer shall normally complete the report and be prepared to testify regarding all phases of the arrest.

That officer's name shall be placed in the upper portion of the "Reporting Officer's" box on page 1 of the Arrest Report and in the appropriate boxes of Form 5.2.5.

343.65 MISDEMEANOR TRAFFIC COLLISION RELATED DRIVING-UNDER-THE-INFLUENCE

BOOKINGS. When an arrestee involved in a traffic collision is booked for driving under the influence (23152(a) VC) the officer responsible for completing the arrest and traffic collision reports shall cause the arrest report and a copy of the traffic collision report to be submitted together at the location of booking for processing and distribution.

Exception: When the arrestee is booked into the Los Angeles County-USC Medical Center jail ward or Los Angeles County Jail, the reports shall be submitted to the approving supervisor at the Communications Division Telephonic Report Counter, Parker Center.

Note: Records unit personnel shall ensure that one copy of the Traffic Collision Report is forwarded, with the copies of the DUI arrest report, to the appropriate custodial detention officer. The original reports and subsequent copies shall be processed and distributed according to current procedures.

343.70 DRIVING-UNDER-THE-INFLUENCE BOOKINGS. A teletype request shall be sent to DMV concerning each arrestee booked for 23152(a) VC. This request shall be teletyped by divisional record clerks immediately upon receipt of the Booking and Identification Record, Form 5.1, from the location of the arrestee's detention. Requests may be sent using either the driver's license number or the full name of the arrestee.

When using the driver's license number, the teletype shall be sent in the following form:

• ID. (Information code, driver's license number.)

When no driver's license number is available, the teletype shall contain: (Manual Section 4/155.15)

• STATUS AND RECORD.
• Arrestee's full name.
• Arrestee's address.
• Arrestee's birthdate (if unknown, give age).

Teletype requests shall originate from the division at which the arrest reports are completed for distribution. The employee shall use the appropriate teletype code to ensure that the docket number and the court of prior conviction, if applicable, appear on the reply from DMV. The employee making the inquiry shall attach the return teletype information to the court copy of the arrest report and forward them to the detention officer having custody of the arrestee.

344. TRAFFIC CASES INVOLVING PHYSICIANS. 344.50 ARREST OF PHYSICIAN ENROUTE TO TREAT EMERGENCY CASE. When a physician is taken into custody while enroute to treat an emergency case, the arresting officer shall immediately cause the patient to be notified. If this is not possible, the person who summoned the physician shall be notified.

A physician traveling in response to an emergency shall be exempt from the provisions of Vehicle Code Section 22351 (Speed Law Violations) and 22352 (Prima Facie Speed Limits), if the vehicle so used by the physician displays an insignia approved by the Department of Motor Vehicles indicating that the vehicle is owned by a licensed physician (21058 VC).

Note: The caduceus, symbol of the American Medical Association, is the approved insignia.

346. TRAFFIC CASES INVOLVING JUVENILES. 346.10 CITING PROCEDURE-TRAFFIC NOTICE TO APPEAR (CITATION). When a juvenile is issued a Traffic Notice to Appear, Form 4.50.0 for a moving or non-moving violation, the juvenile shall be advised that a parent or guardian's presence is required when at Juvenile Traffic Court in answer to the citation.

346.20 REFUSAL TO SIGN CITATION-JUVENILES. When a juvenile refuses to sign a citation, the juvenile shall be processed according to Manual Section 4/334.40.

346.40 MISDEMEANOR TRAFFIC VIOLATION-JUVENILE ARRESTED. When a juvenile is booked for a misdemeanor Vehicle or Municipal Code (traffic-related) violation, the arresting officer shall:

• Complete a Traffic Notice to Appear in the normal manner and have the juvenile sign the citation.
• Cite the juvenile to the morning or afternoon session (Manual Section 4/320.45) of the Juvenile Traffic Court on the appropriate citing date.
• Give the juvenile the defendant’s copy. Note: If the juvenile is to be released to a parent or guardian, the defendant’s copy of the citation should be given to the parent or guardian at the time of release.
• Complete an Arrest Report, Form 5.2, and include the citation number and the notation that the court copy of the citation is attached to the investigating officer's copy of the arrest report.
• Attach the court copy of the citation to the arrest report.
• When the juvenile is to be released to a parent or guardian, provide the adult with a copy of the Juvenile, Notice to Appear, Form 9.3.

Exception: Juveniles arrested for violation of Section 23152 VC shall be processed in the same manner as a non-traffic misdemeanor arrest. A Traffic Notice to Appear shall not be issued for driving under the influence.

The investigating officer shall:

• When the juvenile is not detained, forward one copy of the arrest report and the court copy of the citation to Traffic Court Liaison, Traffic Coordination Section.
• When continued detention is deemed necessary, process the detained petition request, court copy of the citation, and related reports in the same manner as a detained petition request for any other charge.

346.45 JUVENILE OFFENSES INVOLVING ALCOHOL. Officers citing a juvenile for a violation of 23140(a) VC shall:

• Document probable cause for administering the Intoximeter EC/IR Test in the narrative section of a Traffic Notice to Appear or on a Continuation of Notice to Appear, if necessary;
• Write the corresponding citation number in the box entitled "DR NO." in the upper right corner of the completed Intoximeter EC/IR Operator Check List, Form 5.20.7;
• Attach the completed Form 5.20.7 to the Traffic Notice to Appear "court copy" (green), and forward it to the appropriate Juvenile Traffic Court; and,
• Release the juvenile to a parent or guardian. Note: Section 23140(a) VC does not require a Field Sobriety Test (FST); however, should an officer administer an FST, the results of the FST shall be documented on a Driving-Under-the-Influence Arrest
• Report (Continuation), Form 5.2.5. The completed Form 5.2.5 shall include the corresponding citation number in the upper right corner in the box entitled "DR" and be attached to the Traffic Notice to Appear"court copy" (green) and forwarded to the appropriate Juvenile Traffic Court. Enforcement of Section 23140(a) VC does not preclude the enforcement of 23152(a) VC, Driving-Under-the-Influence of Alcohol or Drugs.

What about a bicycle, boat or a horse?

The Vehicle Code defines a vehicle (VC670) as:

A device by which any or property may be propelled, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

It is clear that a bicycle or a boat does not fit the definition of a vehicle as it is defined in the code. But there are other sections in the code, and there are other codes!

It is unlawful to ride a bike under the influence (VC21200). For boaters in the Harbor and Navigation Code it is unlawful to ride a boat under the influence. The levels for boating are the same (0.08) as they are for an automobile.

Driving on private property is generally protected under the fourth amendment except in drunk driving cases. In Buehler v. Meese (1986), the appellant was arrested based on conduct that occurred in a trailer park. The court of appeal held that driving under the influence of alcohol laws apply to private property as well as on "highways." the court noted that restricting such laws to public highways "would also lead to absurd consequences because alcohol impaired driving is dangerous wherever it is done.

But as with all laws exceptions can be cited. In a recent Napa county case. A Napa county peace officer noticed a tractor 'lurching' toward the highway and decided to get a closer look to see what the defendant was doing. He stopped his vehicle and got out. He then observed the defendant with a bottle of beer on the tractor. He then arrested the driver of the tractor (.17). The jury acquitted the defendant. During the selection of the jury many jurors expressed difficulty with following a law that prohibited such conduct on private property. So the decision of not guilty.

Wednesday, August 6, 1997 · Page A16 ©1997 San Francisco Chronicle

CONTRA COSTA County's five-year experiment with using a personality test to screen welfare applicants for drug and alcohol addiction has come to an end. And not a moment too soon.

The idea that a true-false personality test can somehow determine who is and is not taking drugs is absurd. This one, known as the Substance Abuse Subtle Screening Inventory, probes the inner recesses of the mind with questions like, ``Some crooks are so clever that I hope they get away with what they've done.''

It turns out this line of questioning was a little too subtle. A joint study by the county and an expert for the plaintiffs found that 44 percent of those identified as chemically dependent did not have a current abuse problem. And 24 percent of applicants classified as drug-free did have an abuse problem.

U.S. District Judge Maxine Chesney this week ordered the county to stop the personality testing because it violates the Americans with Disabilities Act.

The supervisors should have stopped using the test long ago. It inappropriately subjects applicants to questions about highly personal views, including religion.

Besides, it didn't work.

November 1993; Rev'd. November 1994
Copyright 1993, 1994 Center for Public Interest Law

This copyrighted document may be copied and distributed for nonprofit, educational purposes only. The text of this document may not be altered without express authorization of the Privacy Rights Clearinghouse.

This fact sheet should be used as an information source and not as legal advice. Privacy Rights Clearinghouse materials are designed primarily for California residents. Laws in other states may vary.

The Privacy Rights Clearinghouse
The Center for Public Interest Law
5998 Alcala Park
San Diego, CA 92110
(619)260-4806
(619) 260-4753 (fax)
e-mail prc@teetot.acusd.edu

Hotline: +1 800-773-7748 (Calif. only)
+1 619-298-3396

**From Cradle to Grave: Government Records and Your Privacy**

Government records are public in order to ensure the free flow of information in a democratic society. The challenge to policymakers is to balance the public's right to information with the individual's right to privacy.

Virtually every major change in life is recorded somewhere in a government document. Shortly after you are born, a birth certificate is issued; if you obtain a driver's license, get married, buy a house, file a lawsuit—all of these events are recorded in public documents easily available to you and to others.

This fact sheet covers:

• Public records page 1
• Confidential records page 5
• Federal privacy laws page 7
• State privacy laws page 8
• Policy considerations page 9
• For more information page 9

*Public Records*

Public records are just that—public. There are few, if any, restrictions on the release of this information. For example, information from public records is frequently obtained by direct marketers. (See Privacy Rights Clearinghouse fact sheet number 4 on "junk mail.") Public records may also be used by private investigators, law enforcement officials and other government agencies. In fact, as more public records are computerized, anyone with a computer and a modem can easily compile detailed profiles on individuals.

The most common government records containing personal information are listed below:

Your California Department of Motor Vehicles (DMV) driver's license file contains:

• your name;
• birth date;
• home and mailing addresses;
• license number;
• physical description;
• Social Security number;
• failures to appear in court;
• failures to pay traffic fines;
• license status (valid, revoked, suspended, expired);
• major traffic convictions for the past seven years;
• minor traffic convictions for the past three years.

The DMV also keeps files of vehicle registrations which include:

• the name of the person who owns the vehicle;
• residential and mailing addresses of the registered owner;
• vehicle year, make and body style;
• year the vehicle was bought by the current owner and previous owners' names and addresses going back three years;
• license plate number; vehicle identification number;
• name of the lienholder if the loan for the vehicle has not yet been paid in full.

DMV files are routinely consulted by employers, insurance companies, attorneys and private investigators. They used to be sold to marketers, but access has been restricted since 1990.

DMV files are routinely consulted by employers, insurance companies, attorneys and private investigators. They used to be sold to marketers, but access has been restricted since 1990.

Confidential portions of your file include medical information, home address and Social Security number. Even though it is considered confidential, in some specific instances your home address can be released to insurance companies, banks, attorneys and process servers. The DMV also releases information to "casual requesters." However, the requester must apply to the main DMV office in Sacramento and explain the purpose of the request and potential uses of the information. Then, the person who is the subject of the inquiry is notified and can object to the release of the information. In the case of a dispute, the DMV decides whether to release the information.

There have recently been changes in the information you must provide to receive a license. Your Social Security number is now required to receive or renew your driver's license, but this information is considered confidential. The law allows SSNs to be used for tax administration purposes, collecting government fines, and helping track down parents who have not made court-ordered child support payments.

Another change is in the appearance of the license. It now looks very similar to a plastic credit card with a magnetic "stripe" on the back. The "stripe" holds information which can be read by special scanners. Currently the information on the stripe is the same as the front of the license. It can be used by law enforcement officers to print traffic tickets and by retailers to record information when a customer pays by check. Some privacy advocates are concerned that the magnetic stripe makes it easier for merchants to establish computerized data banks about their customers, and thereby poses a threat to personal privacy. Voter registration records are kept at the County Clerk's or Registrar of Voters office. As of January, 1995, only limited amounts of voter registration information are public record: your name, city, zip code, post office box (if applicable) and party affiliation. Other data, including your home address, telephone number, occupation, precinct number, and prior registration information will be confidential. The sealed information will be released if your vote is challenged. On election days, state law requires the index of precinct voters, including name, address, phone number and party affiliation, to be posted in each polling place.

Complete voter registration information may be sold to candidates, and organizations which will use the information for a political, scholarly, journalistic, election or governmental purpose. Requestors must apply to the Secretary of State or the county elections office for the records and certify the purpose of their request.

Birth certificates are on file in the county in which the birth occurred and at the State Registrar's office in Sacramento. Birth records usually contain the name of the child, date and time of birth, the city and the hospital in which the child was born, the parents' names, the attending physician's name and various signatures. Birth records housed in the State Registrar's Office are public and can be ordered by anyone with sufficient identifying information (for address see page 8). County records may be confidential and available only to the subject of the record or by court order. Confidentiality policies differ by county.

Marriage certificates are usually filed in the County Clerk's office where the marriage application was filed and in the State Registrar's office in Sacramento. An index is available to the public. It contains the bride and groom's names, the county where the application was filed and the date of the marriage. In California a couple may file for a confidential marriage certificate which is not placed in the index and is not a public record. A confidential marriage license is open only to the bride and groom or by court order. Death certificates are also public documents. They are usually kept on file in the county in which the death occurred at the County Clerk's office. The State Registrar's office in Sacramento also maintains these files. An index of death certificates is available to the public. It contains the name of the person who died, where the death occurred, the date and the person's Social Security number. Property records are open for public inspection. When you purchase a home or other real estate, a record of the transaction is made by the County Assessor's office and the County Recorder's office. The files maintained by the Assessor, Tax Collector and/or Recorder contain the location of the property, current owner's name, address and previous owners' names, dates of sale, description of the property and the approximate value of the real estate holding.

Court records, unless they involve a juvenile, are usually public. Superior, municipal and small claims court records are kept in the court clerk's office. The court clerk maintains an index of civil and criminal cases which is filed in alphabetical order by the names of the parties involved. Case files can be retrieved under the name of either the plaintiff or the defendant. They contain the initial complaint, the defendant's answer and motions filed in the case. Case files may also contain evidence or exhibits which were used in court.

A person involved in a lawsuit can ask the judge to have parts of a case file "sealed." If the judge consents to seal parts of the record, that portion is no longer open to public viewing. In criminal cases, probation reports, medical information and psychiatric information are removed from the file before it is made available to the public.

Divorce records are public documents and are usually considered part of court files. They are filed at the Superior Court clerk's office of the county in which the divorce was granted.

Arrest records are public records. They may include detailed information about the person arrested, the incident leading to the arrest and the victim. These records can be closed if their release would endanger an ongoing investigation or public safety. If the person arrested is found innocent of the charges, he or she may ask to have the record sealed and claim they have never been arrested.

Postal address information is not a matter of public record through the U.S. Post Office. However, the information from postal Change of Address forms is available to many people. The Change of Address form carries a notice that the information you provide may be used by others. By filling out the form, the Post Office assumes you have read this warning and consent to the release of your information.

If you move and fill out a Change of Address form (USPS Form 3575), the information is sold to mailing list, direct mail and credit bureau companies by the National Change of Address system to help mailers update their lists.

Local post offices will release Change of Address forms to someone presenting a subpoena or court order, to a law enforcement or government official for authorized purposes, or to someone who is certified to serve legal documents. (Note: These are interim rules by the U.S. Postal Service. Final rules are expected early 1995.)

If you file a change of address form, the Postal Service will release your new address to people who send you mail at your old address, for up to 18 months, if the sender specifies "address correction requested." Victims of a threatening or potentially violent situation can prevent the release of his or her new address by obtaining a temporary restraining order or court order and presenting it to the Postal Service.

*Confidential Records* Some records kept by government agencies are considered confidential. For example, your tax records are private. You may have access to your Internal Revenue Service file but others do not. The following are some common government records which are confidential.

Social welfare information such as Medicare records and Social Security information is generally confidential. However, social service agencies must supply a list of benefit recipients and their Social Security numbers to tax authorities.

In addition, the federal government has a computer matching program which allows agencies to compare computerized records to verify eligibility or compliance with benefit programs. This program is also used to collect debts owed to the government or unpaid child support. If you apply for benefits, you must be told that the matching program is being used. No one can be denied benefits based solely on the results of information obtained through matching.

Tax information, both federal and state, is not a public record. It is not disclosed unless:

• the taxpayer is part of a court proceeding where tax issues are relevant;
• a government agency is trying to locate a parent who owes child support payments;
• state financial aid programs have been requested;
• it is for statistical use;
• agencies request tax information for the purpose of tax administration.

People who file joint returns have equal access to tax records. Federal law allows the Social Security Administration and the Department of Education access to tax records to withhold tax refunds if money is owed to the government.

School records are usually confidential. Persons over age 18 must authorize the release of their school records before they can be viewed by others (including parents). The records of children under 18 years of age are under the control of their parents and/or guardians. The records can be released without consent only to:

• the current school district;
• a school district to which the student is transferring;
• state or federal education authorities;
• state or federal financial aid programs;
• law enforcement officials for "child welfare" protection;
• or upon a judge's order for release.

Parents have the right to inspect all records a school has about their child if the child is under 18, and to request that any errors be corrected. In California, noncustodial parents and foster parents have the right to view a child's records. However, only custodial parents may challenge its content or consent to its release. Adult students have the same rights as parents of minor students.

Schools must keep a log, open only to parents and school officials, which lists those who have received information from a student's record and how the information was used.

The school may release directory information about students only after the parents (or the student if over 18) have been notified as to the type of information to be released. Parents have the right to block the release of the information by notifying the school of their objection. Usually a notice dealing with this issue is sent home at the beginning of the school year.

Public library records are confidential under the California Public Records Act. All registration and circulation records of any library which receives public funds may only be disclosed for library employees to do their job, by order of a superior court, or if the person authorizes the release.

Confidential data includes information provided to receive a library card and a list of the materials that have been borrowed. Records of fines and statistical reports are not confidential. Privately-funded libraries may not have the same privacy protection as those which receive public funds. You may want to request a copy of the facility's policies.

Criminal history information compiled by local and state criminal justice departments is not public. "Rap" sheets (records of arrests and prosecutions) can only be accessed by:

• law enforcement agencies;
• attorneys working on a case involving the individual;
• the subject of the information;
• probation or parole officers;
• a state agency which needs the information to license an individual;
• employers, under limited circumstances authorized by law.

With the increasing computerization of records, however, some private firms are able to compile what amounts to a "rap sheet" by searching arrest records and court files which are public records. The information compiled by such firms is sometimes used by employers to run background checks on prospective employees.

*Federal Privacy Laws*

The two main federal privacy laws are the Privacy Act of 1974 and the Freedom of Informa-tion Act. They apply only to federal government agencies. At first glance, the two laws seem diametrically opposed. The Privacy Act deals with keeping government records about individuals confidential, and the Freedom of Information Act is commonly used to pry open government files. However, these laws are attempts to balance the public's right to know about the actions of government with the rights of an individual to retain his or her privacy.

The Privacy Act gives an individual the right to:

• see and copy files that the federal government maintains on him or her;
• find out who else has had access to the information;
• and request a change in any information that is not accurate or relevant.

A government agency is required to:

• respond to a request for information within 10 days;
• notify the public about the types of files they maintain via the Federal Register;
• inform the public how they use the information;
• make sure the information in files is relevant;
• not use the information for any purpose other than the one for which it was initially collected.

Government files on an individual may be opened to others in a few cases including:

• a purpose similar to the original reason for collecting the information;
• for statistical research;
• for law enforcement purposes;
• when ordered by a court;
• if it is medically necessary for the requester to have access to the information.

There is no central index of federal government records about individuals. If you want to look at your records, you must first identify which agency has them. Then use the Privacy Act to ask to see your files. The agency must respond to your request within 10 days. You may be charged a "reasonable" fee for copying the file.

You may be denied access to government records about you if they involve:

• law enforcement activities;
• the Central Intelligence Agency (CIA);
• litigation;
• civil service exams (to the extent access would affect the fairness of the tests);
• and confidential government sources.

If you are denied access to your records, you can appeal in court. You may also take a government agency to court if you believe it has improperly disclosed information about you or if you want to block impending disclosures.

The Freedom of Information Act was designed to help individuals obtain information about the actions of government. It requires that citizens be given access to government records unless disclosure involves:

• litigation;
• the CIA;
• internal agency memos;
• personnel matters;
• trade secrets;
• classified documents;
• law enforcement activities;
• confidential government sources;
• violating an individual's privacy interests;
• civil service exams (to the extent it would affect the fairness of the tests).

If an agency denies your request for information, it must tell you why within 10 days. You may appeal the denial either within the agency itself or in court.

*State Privacy Laws*

California has two state laws which are similar to federal privacy legislation: the Information Practices Act and the Public Records Act.

The California Information Practices Act applies only to state agencies. It is similar to the federal Privacy Act and gives individuals access to information about them held by state agencies. However, the Information Practices Act does not require the state to publish a list of the type of records agencies create.

If you request information, the state agency must respond within 30 to 60 days. You can be denied access to your records for the same reasons as under the Privacy Act. If a request is denied, you must be told the reason for the denial. You can appeal the decision in court.

If you find incorrect information in a record the state keeps about you, you have the right to amend your file. The agency must note in the record that you dispute its accuracy.

The Information Practices Act does not cover city or county government records. Local governments are free to make their own laws in this area.

The California Public Records Act is similar to the federal Freedom of Information Act and covers state, city and county boards, special districts, commissions, agencies and school districts. With public documents. The major exemptions from public disclosure include:

• personnel matters;
• medical records;
• tax records;
• litigation;
• public library records;
• preliminary drafts, notes, or memos;
• complaints or investigations by law enforcement authorities unless the person requesting the information is involved in the crime or suspected crime;
• information which would compromise civil service exams.

If you request information under the California Public Records Act, the agency must let you know within 10 days that it has received your request. If your request is denied, you must be notified within 10 days and given the reason the information is not being released. You have the right to appeal such decisions in court.

*Policy Considerations*

Currently most public records are obtained by visiting the appropriate government agency and inspecting or copying

Motorland January/February 1996

Speed

California is prepared to return to its pre-1973 speed limits. Speeds up to 70 mph on some roads may reappear after study by Caltrans and the CHP.

Law Enforcement

Cameras
Authorities can set up sensor-operated camers at traffic signals. Cameras could photograph drivers and license plates of vehicles that fail to stop; registered owners would be cited by mail. If the person cited wasn't driving, it is up to him/her to prove it.
Be Aware Of How This Law Works: It can cost more than the price of a ticket. Paying the fine will result in a point on your driving record and possibly increased insurance premiums.
The photograph is not included in the mailed citation: to see it, the recipient must go to where it's being held - usually the issuring agency.

Child Support and Licenses
Motorists who are in arrears for child support applying for a new driver's license or for renewal will be given a temporary license good for 150 days in order to give them the opportunity to clear the back payments.

Money

Higher Fines
Significantly higher traffic fines in certain location my result from SB 414 (Thompson, D-Napa Valley. Portions of State Route 37, 4, and 74 are "safety enhancement double fine zones.". This means that fines bouble for traffic violations and, in case of an infraction, the penalty will be one category higher than the penalty established in current law.

Safety
The safety belt law is here to stay. New law continues primary enforcement of the law requiring motorist to wear safety belts. This bill means that for now and into the future, enforcement of the safety blt law will remain the same: Motorists can be stopped and cited if not wearing their safety belts.