Dui lawyer Newport beach

2009 New DUI Laws

2009-10-12T13:09:00.000-07:00

2009 New DUI Laws

California - Assembly Bill 1165 - DUI Zero Tolerance Law For Repeat Offenders

Makes it unlawful for a person who is on probation for a violation of either of certain driving under-the-influence offenses to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01% or greater, as measured by a preliminary alcohol screening test or other chemical test. Imposes additional sanctions on person found to violate this prohibition. Removes obsolete references in existing law related to license revocation for refusing or failing to complete a preliminary screening test.

California - Senate Bill 1190 - DUI Ignition Interlock Devices

Lowers the minimum blood alcohol percentage at the time of a DUI arrest that allows a court to require the person to install a certified ignition interlock device on any vehicle that the persons owns or operates and prohibits that person from operating a vehicle without such a device. Authorizes the Department of Motor Vehicles to undertake a study regarding the overall effectiveness of the use of such devices to reduce recidivism of first time DUI violators.

California - Senate Bill 1388 - DUI Ignition Interlock Devices (Effective July, 2009)

Requires a person to immediately install a certified ignition interlock device on all vehicles they own or operate for a certain period when they have been convicted of violating DUI provisions and driving a motor vehicle when their license has been suspended or revoked as a result of a DUI-related conviction. Provides the number of violations will determine the period of time the device will be required. Sets a scheme with which a person will be informed of the installment requirements and related fees.

California - Assembly Bill 2802 - DUI Reckless Driving

Requires a court to order a person convicted of alcohol-related reckless driving to participate in a licensed program that consists of specified activities, including education, group counseling, and individual interview sessions, if that person has a prior conviction of a violation of the alcohol-related reckless driving law or another specified DUI law and the prior convicted offense occurred within 10 years. Requires probation revocation for failure to enroll, participate in, or complete the program.

For other changes to California Driving Laws please visit the NCSL Website.

Drunk Driving Laws in California

While Driving in the State of California it is illegal to :
Drivers under 21 may not have beer, wine or liquor in their vehicle while they are driving alone. (Their may be exceptions for work related driving)
Drivers under 21 with a blood alcohol concentration level (BAC) of .01 or higher.
Drivers Under 21 after consuming alcohol in any form, including cough syrup, and prescription drugs.
Any driver with a BAC .08 or higher.
Any vehicle requiring a commercial driver license with a BAC of .04 percent or higher
Driver under 18, ANY measurable blood alcohol concentration.
Repeat offenders may not have a BAC of .01 or Greater

As you can read above, in the State of California has strict drunk driving laws for drivers under the age of 21 and repeat offenders (.01%) and a "no tolerance" law for drivers under the age of 18. In addition a driver of a commercial vehicle is only allowed to have a .04% BAC.

Drunk driving laws in The State of California are similar to many other DUI laws across the United States. California's DUI law prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. This is the standard measurement use by all states for the "impaired" driver.

Fourth DUI Offense in California

2009-10-12T13:08:00.000-07:00

Fourth DUI Offense in California

4th Drunk Driving Conviction(Within 10 Years of Previous)
Jail or Prison– 180 Days to 1 Year
Fine - From $390 to $1000
License Suspension – 4 Years
May Apply for Restricted Driver License after 1 Year
Ignition Interlock Device Required
Must Complete a Driving Under the Influence Program
Must Provide Proof of Financial Responsibility for Reinstatement

Third California DUI Offense

2009-10-12T13:07:00.000-07:00

Third California DUI Offense

3rd Drunk Driving Conviction (Within 10 Years of Previous)
Jail – 120 Days to 1 Year
Fine - From $390 to $1000
License Suspension – 3 Years
You Receive a Designation as a Habitual Offender (This is not a good thing)
May Apply for Restricted Driver License after 1 Year
Ignition Interlock Device Required
Must Complete a Driving Under the Influence Program
Must Provide Proof of Financial Responsibility for Reinstatement

Second California DUI Offense

2009-10-12T13:02:00.000-07:00

Second California DUI Offense

2nd Drunk Driving Conviction (Within 10 Years of Previous)
Jail – 90 Days to 1 Year
Fine - From $390 to $1000
License Suspension – 2 Years
May Apply for Restricted Driver License (IID Required)
Must Complete a Driving Under the Influence Program
Must Provide Proof of Financial Responsibility for Reinstatement

First California DUI Offense

2009-10-12T12:59:00.000-07:00

First California DUI Offense

1st Drunk Driving Conviction
Jail – From 96 Hours to 6 Months
Fine – From $390 to $1000
License Suspension – 6 Months
Must Complete a Driving Under the Influence Program
May Be Ordered to Install Ignition Interlock Device (IID)
Must Provide Proof of Financial Responsibility for Reinstatement

California Driving Road Rules and Driving Laws

2009-10-12T12:36:00.000-07:00

California Driving Road Rules and Driving Laws

California's road rules and driving laws are mostly fairly sensible and unsurprising; it shouldn't take long for out-of-staters to master the important points...

California's road rules and driving laws are well-summarized in The California Driver's Handbook, also available in booklet form from the California Department of Motor Vehicles (the DMV) at any DMV office or the head office in Sacramento. You can also browse the full California Vehicle Code (CVC) under the state's official California Code Web Page.

Please do not rely on me or this Guide for legal advice; what follows is a brief informal summary that may be out of date and / or incomplete, or even entirely wrong — there's no excuse for not doing your own homework on this! And please don't ask me for legal advice or advice on getting around the law or whatever: I'm not a lawyer, or even particularly intimate with Californian law.

Road Rules

There are a few points that might confuse or surprise the visitor; the following relies heavily on that book and my own personal experience:

* Motorcyclists must wear approved helmets while on the road; motorcyles can legally split lanes.

* The driver and all passengers must wear seat belts(or be in approved child-restraint holders — see below).

* All children under the age of 5 or under 40lbs (about 18 Kg) weight must be in approved child-restraint seats or holders.

* DUI — driving under the influence of alcohol — is a serious offense in California, with criminal penalties and drastic consequences. The blood alcohol limit is 0.08%, but you can also be charged regardless of blood alcohol amount if the police can prove you were affected by the alcohol. Remember that in the US the legal drinking age is 21, and any driver under that age with any blood alcohol may be arrested.

* Right turn on red — in most cases, it is legal to make a right turn at an intersection even against a red light. This is not universal, and exceptions are always signed — but note that the exception signs are often tiny things in hard-to-see places.

If you are turning right and the light is red, you are supposed to stop at the intersection before turning, then turn when you're sure there's no other traffic (through traffic, and traffic entering the intersection on green or yellow lights, have right of way). Many Californians don't quite stop, but it's still a good idea, particularly if you're used to driving on the "wrong" side of the road.

* Passing — it's quite legal to pass ("overtake") on the inside (i.e. to the right), as long as it's safe and in a properly-marked lane (i.e. only do this on multi-lane freeways and highways). Passing on the inside is pretty essential given the lack of lane discipline in California.

* Four-way stop signs — many four-way intersections have stop signs on all sides of the intersection. This sounds like a recipe for deadlock, but the rules for who gives way to whom are pretty easy. In general, you take turns to go through the intersection in the order at which you got to the edge of the intersection. If two or more of you got there at the same time, the ordering is clock-wise (i.e. the driver to your right goes first). This scheme isn't fool-proof (I still don't know what you're supposed to do when four cars get there at exactly the same time...) so keep a tight watch.

* U-turns — u-turns are generally allowed at intersections except where explicitly not allowed (usually with a big sign saying "U Turns Prohibited"). You make the u-turn from the normal left turn lane, if it exists; at intersections controlled by traffic lights, you will normally only be able to make u-turns on the green arrow or similar. U-turns on busy streets or in business areas are generally not allowed except at intersections; in most other cases, you can make a u-turn with appropriate care, unless the street has a solid yellow line down the middle, or visibility is obstructed by terrain or turns. U-turns are of course strictly forbidden on freeways and most highways.

* School buses — when you come to a school bus stopped on either side of a road with the bus's red lights flashing, you must stop, and remain stopped as long as the red lights are flashing. These laws are strictly enforced in some places, not in others (e.g. in large parts of Berkeley you'll be roundly abused by drivers behind you if you stop for a school buses, as I quickly learned...).

Californian school buses are immediately recognizable — they're the same as elsewhere in the US, i.e. special yellow buses clearly marked "School Bus" on the front and rear (at least). If you're a foreigner you've probably seen them on TV or in the movies — they're an inescapable part of life here. The flashing red lights on the bus mean that children are getting on or off the bus and are likely to try to cross the road near the bus.

* Flashing traffic lights at intersections — at some intersections, especially late at night, the traffic lights are set to continuously flash either red or yellow, rather than cycling through the normal pattern.

This means that the lights are effectively off, and you should treat the intersection as though it were either a two-way or four-way stop sign intersection. Flashing red means you must stop; flashing yellow means you must slow down and exercise caution as you go through the intersection. Many intersections flash yellow along one road, red the other; no intersections flash yellow in all directions. It is usually pretty easy to tell which is which.

* Traffic lights out — if a particular set of traffic lights is actually completely out (not even flashing lights), you must treat the intersection as a all-way stop intersection.

This is all well-and-good in theory, but at large multi-lane intersections it usually results in chaos: some drivers don't even notice that the lights are out and just sail through the intersection; others (the vast majority) can't keep track of who turned up when, and just try to slowly barge their way through. It's a mess, and if it's anywhere busy — and you're lucky — the police usually show up to direct the traffic manually until the lights are back.

* Blocking intersections — don't move into an intersection in such a way that you end up blocking it after the lights have changed.

This is just common sense, but it's also illegal to block an intersection after the light has changed, and you can be heavily fined whether or not you think you were directly at fault for not being able to get through. Some intersections have large "Keep Clear" signs painted on the road to remind you of this (similar in intent to the U.K. box junction), others have smaller signs somewhere around the intersection; in any case, it's always illegal to block an intersection, whether it's explicitly marked or not.

* Pedestrians — you must stop for pedestrians who have entered a crosswalk. Pedestrians have the right of way at uncontrolled pedestrian crosswalks (i.e. those without traffic lights), but (and this is somewhat new), pedestrians can not legally just cross whenever they want — they must wait for a safe time to try to cross. In California (as in the rest of the U.S.A.), a pedestrian crosswalk can be either explicit or implicit; quoting from the Department of Motor Vehicle's handbook, "Every intersection where streets meet at right angles has a crosswalk for pedestrians to cross the street. [...] Many pedestrian crosswalks are marked by solid white lines. Some crosswalks, especially in residential areas, are not marked."

For some reason Californian drivers seem to ignore all this and just charge straight through crosswalks; many Californians seem unaware that the crosswalks are there whether they're explicitly marked or not.

* Carpool, High Occupancy Vehicle (HOV), or Multiple Occupancy Lanes — many urban freeways or roads have a lane reserved during rush hours for buses, motorcycles, and cars with more than one or two people in them. These lanes are usually emptier and faster-moving than the others during rush hours, and sometimes offer other privileges such as free bridge tolls.

These lanes are called Carpool Lanes or (increasingly) HOV or Multiple Occupancy Lanes. They are usually well sign-posted with the relevant times and required minimum number of car occupants, and are marked with a large diamond in the lane itself every few hundred yards. There are fairly strict rules about driving in such a lane without at least the posted minimum number of people in your car (usually two or three) — if the CHP catches you, you'll be heavily fined.

Outside the posted rush hours, these lanes are usually available for all traffic. Just make sure you know for certain whether a particular carpool lane is active or not, or doesn't have some other restriction posted as well. In at least one notorious and poorly sign-posted case here in the Bay Area a carpool lane leading to the Bay Bridge changes to a bus-only lane after hours rather than the more common all-traffic lane, with a $271 fine for cars driving on it after hours regardless of the number of people in the car.

* Metering lights — freeway and major bridge on-ramps sometimes have "metering lights" to regulate the flow of traffic off the ramp and onto the freeway or bridge. These are special red/green traffic lights, often at the side of the ramp at driver level; when they're in use (usually during commute rush hours) they let one car through each cycle, then wait a few seconds, then let another one through, etc. There is usually one metering light per on-ramp lane.

This is pretty straight-forward, but if you're not expecting them, you can just not notice the metering light and sail straight through... with potentially expensive results.

* Bicycle lanes — some cities like Berkeley, San Francisco, Santa Monica, Palo Alto, etc., have bicycle lanes painted onto selected streets. These are usually marked by a continuous thick white line on the right-hand side of the road, about a metre or so out from the curb or the parked cars. There's usually also some sort of sign painted in the lane every so often saying something like "Bicycle Lane" on the road's surface.

It is illegal for cars to enter these lanes except to park or to turn into a driveway, or where the continuous white line turns into a dashed line, usually just before an intersection. In any case, always watch for cyclists coming up on your right — they have the right of way here. Also note that many bike lanes are simply too narrow for their intended purposes, and cyclists may have to veer out of them for parked cars, debris on the road, etc.

* Accidents — if you are involved in an accident that causes any injury or death, or more than $750 worth of damage, you must file a traffic accident report with the California DMV within ten days of the accident. This report must be filed with the DMV, not the California Highway Patrol or other police departments; your insurance agent can also file this form for you.

* Cars driven in California should have both front and rear license plates (number plates). You are unlikely to get pulled over just for this, but it's a useful excuse if a police officer suspects you for something else, and it can cause you to get a small fine.

I'm unclear on whether California respects the rules for cars from places like Arizona where front plates aren't mandatory, but you should probably play it safe anyway and not give a police officer any reason to pull you over.

* Radar detectors are legal in California.

* Emergency vehicles (police, fire, etc.) have right of way when using sirens or flashing lights. You must pull over and let them pass, regardless of the state of the traffic or traffic lights, etc.

Driver's Licenses

If you are temporarily visiting California, you can use your out-of-state or foreign driver's license for as long as it's valid where it was issued — you do not need to register with the DMV or do anything beyond making sure your license is valid and current. In most cases, (e.g. Western European countries, Australia, most of SE. Asia, etc.) foreigners do not really need one of those additional International Driver's License as well, but if your license looks exotic, it would probably help to have one just in case (this is the license issued by the relevant Automobile Association or Government body in your country that certifies in several languages that you have a license in your own country. You must also have your normal license with you if you use the International License).

If you intend working here, or establishing a long-term residence here, then technically you must get a California driver's license after ten day's residence. Drivers with valid licenses from other U.S. States and Canada usually need only pass a written road rules test and hand in their old license. Drivers from foreign countries normally have to take a full driving and road rules test; the old (foreign) license is then either endorsed as not valid for California, or, since everything is now computerized, it is given back to you untouched (but if you try to use it the DMV and police computers will flag it as invalid for use in California).

Actually getting your license is not that difficult, even with the tests. The road rules tests are fairly simple multiple choice, with only a few tricky ones; the road test itself is harder, but usually pretty fair. Most people pass on their first or second attempts; the driving tests do not have any tricks, but you will probably fail for silly reasons like forgetting to stop at the first white line near the stop sign, etc. (the sort of thing everyone does in real life all the time). Despite the crowds and lines at DMV offices, the test procedures do not take long, and it is possible (in many cases nowadays mandatory) to book a test place a week or so in advance so that there's minimal waiting around.

Out-Of-State Cars

If you're from another state or province, you only need to register your car with the Californian DMV if you start working here in California, or you get a Californian driver's license. If you do this, you may end up paying a large (one-time) registration fee if you car is deemed by the DMV to not meet California's emission standards, which are stricter than most other state's (the DMV doesn't actually test your car, it just assumes the worst based on the state or country of origin).

The Police

California has a lot of different police forces, in one form or another. Virtually every county, city, and large state institution (e.g. BART or the University of California) has its own police force; additionally, there's the statewide California Highway Patrol (CHP), the Military Police, and sundry others like the FBI. Even some private companies (like Union Pacific) have their own state-registered police forces. With the possible exception of the FBI, it seems that any officer from just about any police force can give you a ticket for speeding or arrest you for serious driving-related offenses (and yes, they all have guns). Police officers are sometimes referred to in official documents as "peace officers"; this is not a typo but the collective legal term covering the variety of police officers mentioned above. Police at the county level are normally part of the county sheriff's department, and may be called "Sheriff's deputies" or just "deputies" (and for those of you who remember the awful 70's show "CHiPs", no, no one 'round here ever uses the word "chips" to describe the CHP, except maybe ironically).

The quickest way to contact the police for serious accidents, crime, injury, etc., is the emergency number 911 (nine-one-one). This is the main number for emergency medical and fire services as well. All other non-emergency inquiries, reports, and general office contacts should be made through the normal local contact number listed in the phone book.

The different police forces tend to enforce different aspects of the law, and use different methods. For example, city and county police forces will enforce parking and city street offenses (e.g. not stopping at a stop sign, or speeding on suburban streets), while the California Highway Patrol's specialty is, unsurprisingly, the freeways and state highways. City and county police often use radar for speed limit enforcement (radar detectors are legal here), whereas the CHP tends to rely more on tailing offenders or using airplanes to time cars over a distance. The CHP often seems more interested in patently unsafe driving rather than absolute speed per se; CHP cars will often sneak up on a suspect by hiding behind some other car for a while, just observing, and then pouncing. This can be unnerving for the covering car, especially if you're clearly doing well over the speed limit yourself.... Some cities also use automatic photo systems to catch red light runners, so watch out if you're stupidly tempted to step on the accelerator as the traffic light in front of you turns red.

Police cars used for traffic work are usually clearly marked and have some sort of red/blue and/or yellow flasher setup on the roof; they may also use alternate-side flashing of the headlights, especially if the car is unmarked and in a hurry (unmarked cars are not normally used for traffic work). The CHP also uses airplanes for spotting and speed enforcement work, especially on the rural freeways. This is very difficult to detect; there will usually be some roadside signs warning you of this, but it is otherwise nearly invisible to you. The helicopters that several other forces (e.g. the LAPD and Oakland PD) have aren't usually used for traffic enforcement, but they're up there nonetheless.

The sign that you are being pulled over or stopped by the police is a bright red light shining at you from the windshield or roof of the police car behind (and probably some sort of flashing lights on top of the car as well, but it's the red light that's the sign to pull over), or some sort of easily-understood hand signals from a uniformed officer on the side of the road. The police car may also use a very loud PA speaker on the front of the car to tell you to pull over or to tell you what to do. Try to pull over where it's safe to do so — usually you will be told where to do this by the CHP (you may be asked to exit onto a freeway off-ramp, for example); otherwise, use your common sense.

If you are pulled over for any reason, stay in the car until the officer tells you what to do. It is a very good idea to keep your hands where he or she can see them, preferably on the steering wheel, and to have your license ready. Do not fumble around under the dash or between the seats — the officer might suspect that you're reaching for a gun, with fairly dire consequences for you. You will usually be asked to produce your license and proof of insurance (see above). You should always be given a paper copy of your charge (assuming the officer decides to charge you), and you can expect to undergo a computer check for both you and the car you're driving to unearth any outstanding warrants or stolen cars, etc. If the officer gives you a ticket, you'll be asked to sign it there and then. Signing it really involves bail and a promise for you to appear in court, not an admission of guilt; if you do not sign the ticket at this point, the officer can haul you off to the local jail. This might spoil your vacation somewhat.

Note that due to the use of a national computer system, if you get a traffic ticket here in California, it will follow you pretty much wherever you go in the U.S. (this isn't true for parking offenses, luckily enough).

Speed Limits

The most important speed limits you need to know about here are the two "default" limits, 25 M.P.H. (40 K.P.H.) and 55 M.P.H. (90 K.P.H.), for suburban and city roads, and for freeways or highways, respectively. Although limits vary around these figures (e.g. 30 or 35 M.P.H. (roughly 50 and 60 K.P.H. respectively) on some large city streets, 65 or 70 M.P.H. (100 and 110 K.P.H.) on many freeways), if no limit is posted, you should assume one or other of these two speeds. Speed limits signs (black lettering on a rectangular white background) are usually posted at regular intervals along freeways, highways, and other major roads.

No one ever seems to observe the limits strictly; not even the police (except when revenue is getting low). In general, it seems that 30 M.P.H. is the norm for 25 M.P.H. areas, 60-65 M.P.H. for 55 M.P.H. freeways, and 70 M.P.H. for 65 M.P.H. roads, etc.; the police generally don't seem to worry about this sort of speeding (but don't count on it — enforcement has been tightened up a bit since the freeway speed limits were raised from 55 M.P.H., and there are places like Alameda where even a couple of MPH's over the limit can get you a ticket).

SR22 Insurance

2009-10-12T12:31:00.000-07:00

SR22 Insurance Requirements in California

An individual may be required to file for SR22 car insurance for a variety of reasons. If your license has been suspended and you are allowed a restricted license by the court, an SR22 insurance form may be required. The SR22 in California is also known as a " California Proof of Insurance Certificate" To compare California SR22 Insurance rates, type in your Zip Code into the form below.

If your auto insurance is cancelled for any reason in the State of California, you will need to file for new insurance within 45 days. The cancellation of your insurance will be reported by the insurance company to the California Department of Motor Vehicles.

If you were involved in an accident without car insurance and your license was suspended you may be eligible for a restricted license. One of the prerequisites for driving while your license is suspended (if allowed by the court) is to file proof of financial responsibility in the form of SR22 car insurance.

Auto Insurance Requirements in California

Like many states, the State of California requires all vehicles to be covered by a minimum amount of liability insurance. Insurance companies in California are required by law to report to the state the insurance status of a vehicle. You are required to provide proof of insurance in California during the first-time registration of a vehicle, or when you renew your vehicle registration.

The minimum amount of liability insurance required in the State of California are listed below.
$15,000 - For The Injury or Death of any One Person
$30,000 - For The Injury or Death to More than One Person
$5,000 - Property Damage

Lemon Laws in California

2009-10-12T12:13:00.000-07:00

California Lemon Laws

The California lemon law is also known by its less popular name “The Song-Beverly Consumer Warranty Act”.

Warranty law in any state is a complex set of rules that may be understood in basic terms by most consumers. Like most law however, there is not a one to one translation from legal text to plain English.

This California lemon law explanation was created to help simplify the basic concepts of the law. To validate the credibility of this information, there are government reference links placed at the bottom of this article to verify the information provided.
The California Lemon Law

The California lemon law protects consumers that purchase or lease new automobiles. The law clearly states that a vehicle manufacturer must be able to repair a new car in accordance with the express written warranty.

If the vehicle manufacturer or their authorized representatives are not able to repair the new vehicle after a “reasonable number” of tries, they are required to replace the car or refund the money paid for the car to the individual who purchased it.

The buyer is responsible for deciding whether to have the automobile replaced, or receive a full refund for their purchase. This includes all tax & license, towing, registration, finance charges, repairs and other expenses that the consumer has paid and is directly related to the automobile in question.

The buyer is responsible for paying for the use of the automobile however, regardless of whether they decide to receive a refund or have the automobile replaced. The formula for this cost is provided by example.
California Lemon Law Example
Price of Vehicle = $30,000
Number of Miles Used or Traveled in New Car = 12,000
Required Denominator = 120,000

30,000 x 12,000 / 120,000 = 10% of the Purchase Price = $3,000 Required Amount.

In the case example above, the consumer purchased the vehicle and drove it without issue for 12,000 miles. At 12,000 miles however a vehicle problem emerged that could not be resolved after a “reasonable” number of repair attempts. Therefore the individual who purchased the vehicle is responsible for paying for the use of the vehicle prior to the emergence of the problem.

This California lemon law example assumes that the 12,000 mile problem occurred within the vehicle warranty time frame. So if the vehicle warranty is valid for 3 years or 30,000 miles, it clearly falls within the warranty period and thus qualifies under the California lemon law.

If abuse of the vehicle is proven, the California lemon law will not apply. READ THE WARRANTY.
Lemon Law – What is “Reasonable”?

As you have read, a vehicle manufacturer or their authorized representatives must repair the new vehicle after a “reasonable” number of tries or be obligated to either replace the automobile or provide a refund to the consumer.

This begs the question, what is a reasonable number of repair attempts?

There is not one answer to this question, but there are guidelines that limit the possibilities.

If the defect of the vehicle is life-threatening such as a faulty steering mechanism or brake failure a reasonable number of repair attempts is 2 or more attempts. This includes the vehicle owner contacting the manufacturer at least 1 time notifying them of the needed repair in accordance with the warranty given at the time of purchase.

In this situation the so-called California lemon law applies during the first eighteen months of ownership or eighteen thousand miles, whichever occurs first.

In other, less critical repairs the number may be 4 or more attempts to repair the vehicle, with the vehicle owner contacting the manufacturer at least 1 time notifying them of the needed repair in accordance with the warranty given at the time of purchase.

The final test for reasonableness provides that if the vehicle has been out-of-service for a total of thirty days or more since the vehicle was purchased it qualifies for replacement or a refund to the consumer.

It would benefit the consumer greatly to read the warranty details and owner manual for specific instructions related to direct manufacturer notification of the vehicle problem(s). The consumer’s failure to follow these instructions may result in a less-favorable settlement in the lemon law case.

These lemon law numbers are not an exact science however and they will be subject to arbitration or a judges ruling. In some cases the manufacturer may request additional repair attempts and based on the arbitration or judgment a ruling on the request will follow.
Lemon Law for Used Cars, RV and Motorcycle

The lemon law or Songs-Beverly Consumer Warranty Act relates to products sold with an express written warranty. Simply, an express warranty is a guarantee from a seller or manufacturer of a product that provides details regarding the quality and performance of the product and specifies the conditions under which the product may be replaced, returned or repaired.

In the purchase of a used automobile, RV or motorcycle a consumer would be well advised to become intimately familiar with the warranty being purchased as the lemon law relating to used vehicles are not exactly the same as new vehicles.

For example, a consumer may receive a refund or replacement of a used vehicle as provided by the warranty purchased, however like the new car warranty discussed earlier in this article, the consumer will be charged for the use of the vehicle prior to the problem existing. This is where the difference between the new car lemon law and the used car, RV or motorcycle becomes apparent.

The calculation discussed under the California lemon law example detailed the formula that is used to calculate how much a consumer would have to pay for the use of their vehicle prior to the emergence of a problem that prompted a refund or replacement. This formula is relatively straightforward in the new car example, however with a used vehicle this is not the case.

There is not a specific formula for calculating the usage charges on a used car, RV or motorcycle. So even though the warranty may allow replacement of the vehicle or a refund, these are both subject to usage charges that are not set in stone as with a new vehicle purchase.

Clearly this is the point at which a consumer should seek legal counsel to gain a deeper understanding of the potential recovery in a used vehicle lemon law case.

Teen Eligibility for the California Driving Test

2009-10-12T12:07:00.000-07:00

Teen Eligibility for the California Driving Test
Before the teen driver is eligible to take their driving test they must meet the following criteria:
1. 16 Years of Age Minimum

2. Held Their Permit for a Minimum of 6 Months

3. Completed Driver Education

4. Completed Six Hours of Professional Driver Training

5. 50 Hours of Driving Practice With Adult – Certified

6. 10 Hours of the 50 Hours of Driving Practice Above Must Have Been at Night

Once the teen driver has passed the driving test they will receive an interim license that is valid for 60 days. Prior to the 60 day expiration, you should receive your photo license by mail.
Accepting Liability for Minors and Minimum Liability Insurance

The State of California requires the parent or guardian of a teen driver to accept financial responsibility for the new driver. Vehicle owners and drivers must carry the following minimum limits:
1. $15,000 for injury or death of 1 person per accident
2. $30,000 for injury or death of 2 or more persons per accident
3. $5,000 for property damage for each accident

The teen driver must carry proof of financial responsibility such as liability insurance in the vehicle at all times. The teen must provide the policy and an identification card as proof of coverage.

California Teen Driver

2009-10-12T12:05:00.000-07:00

California Teen Driver and the Provisional Permit

Teen drivers wishing to apply for a provisional permit must be between 15 ½ and under 18 years old. To receive a provisional permit the teen driver must pass a vision exam, and a sign and traffic laws test.
Applicants between 15 ½ and 17 ½ years old must provide proof for one of the following:
1. Completed driver education and are currently enrolled in a drivers training course.

2. Completed driver education and Completed drivers training.

3. Currently enrolled in an approved integrated driver education and driver training program.

Teen drivers over 17 ½ but under 18 years old can get a provisional permit without driver education and driver training but will not be able to take the driving test until they turn 18 years old. Teens between 17 ½ but under 18 must still pass the written test to receive a provisional permit.

Once a teen driver has received a provisional permit, they are allowed to drive only when a parent, guardian, spouse or adult 25 years of age or older holding a valid California driver license is present. The adult must sit in close enough proximity to the teen driver to take control of the vehicle if necessary. The provisional permit holder is not allowed to drive alone.

Drunk Driving Articles

2009-09-21T10:24:00.000-07:00

Drunk Driving Articles: DUI News and Information

Drunk Driving Articles and News. The DUI News Articles are made up of DUI, DWI and drunk driving articles as well as DUI news stories and drunk driving laws, news, statistics, prevention, counseling, BAC, field sobriety tests and related information about drunk driving. The drunk driving articles are provided to you in a social media environment which allows comments on each of our articles.

Robert Keefer Dell walked into a convenience store in Canton Georgia to purchase a six-pack of Michelob beer. Sales of alcoholic beverages are not allowed on Sunday though that did not stop Dell from ripping the neon orange tape stretched across the coolers and grabbing the beer. The clerk tried to stop him, explaining to his regular customer that he would get in trouble if he sold him the beer. Dell responded by placing $6 on the counter and walking out of the store. When the clerk followed him, things went from simple shoplifting to an escalating series of crimes.

Dell lifted his shirt to reveal a handgun in his waistband. That made the offense an armed robbery, a felony in Georgia. Dell then fled into the neighboring county where he led Georgia State Patrol and Pickens County deputies on a chase. Dell struck one patrol car and attempted to run over an officer. He was eventually stopped when officers rammed his truck.

Dell was booked at the Pickens County jail on charges of fleeing police, aggravated assault and driving under the influence in Georgia. He also faces a warrant for armed robbery in Cherokee County.

The store clerk said he thought something was wrong when Dell stumbled around the store and grabbed the Michelob instead of his usual Natural Ice. Dell also didn't put down enough money for the $8.99 six-pack of Michelob.

New 2009 California Driving Laws

2009-09-20T09:50:00.000-07:00

2009 California Cell Phone Laws

-As of January 1, 2009, a new cell phone law will ban California drivers from sending, receiving or reading text messages while driving. This ban includes all text-based communication, including instant messaging and email. Cell phone use while driving is already banned in California unless the driver uses a hands-free headset.

-According to the California Department of Motor Vehicles (DMV), text messaging violations are as follows: a $20 fine for the first offense, $50 for each subsequent offense.

-Emergency personnel who use mobile phones during the line of duty are exempt from this law.

2009 California DUI Laws

-A change in drunk driving law authorizes law enforcement officials to impound the vehicle of a driver with a blood-alcohol concentration (BAC) of 0.01 or greater if he/she is on probation for DUI.

2009 California Registration Fees

-The San Joaquin Valley Air Pollution Control District Fee mandates that vehicle owners who register their cars in Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, or Tulare counties (plus some areas of Kern County) will be charged a $6 air quality fee.

2009 California Clean Air Stickers

-A new law will make it a crime to forge or falsify a Clean Air Sticker. These stickers are issued by the DMV to hybrids and other low emission vehicles, allowing them to be driven in the High Occupancy Vehicle (HOV) lane.

-New laws prohibit DMV from issuing temporary operating permits beyond 60 days to vehicles that fail smog emissions testing.

2009 California Unlicensed Car Dealer Legislation

-A new law allows law enforcement officials to impound vehicles sold by unlicensed car dealers.

2009 New California License Plates

-On January 1, 2009, a "Gold Star Family" special interest license plate will be available to families of individuals killed in the line of duty while serving in the U.S. Armed Forces.

2009 California In-Car Smoking Laws

-In California, new driving laws will prohibit smoking a pipe, cigar or cigarette in a car while it is occupied by a minor.

2009 California 3-Wheel Vehicles Law

-Drivers of fully-enclosed 3-wheel vehicles can now occupy HOV lanes on the highway.

A Few New CA Driving Laws for 2009

2009-09-20T09:00:00.000-07:00

A Few New CA Driving Laws for 2009

Texting no bueno – So last year the big deal was the whole hands free movement. I personally bought the ugliest blue tooth heads set device I could find. But it does wonders for my driving. The funny thing is there was nothing in new the law about texting while driving. This should have been more obvious then the hands free. I mean you actually have to take your eyes off the road to do anything text related. So now for 2009 it will officially become illegal for you to write, send, or read texts while driving.

More drunk driving laws – The letter of the law got more specific this year when it comes to those who are on court-ordered post-DUI probation. There is now a zero tolerance standard for those on this probation who are pulled over and blood alcohol level of even 0.01! If you have a past DUI and are on DUI-probation; then even blowing anything into a breathalyzer will cost you your license for 1 year.

Smog = cash – There are no free temporary operating permits. If your does not pass smog then you need to pay a new $50 cost to get a 60 day extension on your registration. So be proactive and get that car smogged sooner rather than later.

Teenagers feeling sting of tougher driving laws

2009-09-20T08:37:00.000-07:00

Teenagers feeling sting of tougher driving laws
The number of license suspensions of drivers under 18 has soared over the past year because of a tough new law aimed at curbing bad driving habits by junior operators.

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About 3,000 drivers age 16 and 17 had their license or learner's permit suspended between March 31, when the law took effect, and early December, according to data from the Registry of Motor Vehicles. About 1,700 junior operators lost their license or permit during the same period in 2006.
Fatal crashes with junior operators behind the wheel dropped from 27 in 2006 to 17 last year, according to preliminary year-end numbers from the Registry. The tally counts the number of accidents in which there was a fatality, but not how many people died or who was at fault.
While the drop in fatal accidents could be attributed to a number of factors, including weather, state officials are praising the new law in helping to curb dangerous driving by teenagers.
"It is exactly what we were hoping would happen," said Senator Steven A. Baddour, chairman of the Transportation Committee, who pushed the bill requiring tougher penalties. "We knew as soon as one kid got pinched, every kid in his school would know about it, and it would have an impact."
The new law also stiffened the punishment for many moving violations and required mandatory driver training after suspensions. Coming after several highly publicized fatalities involving young drivers in 2005 and 2006, the law was intended to protect inexperienced and often immature drivers.
Teenage drivers now face a suspension ranging from 90 days for a first-time speeding ticket to one year for a second or later offense. Fines and fees required to get the license back can cost up to $1,000.
The law also cracked down on other offenses, but about 2,000 of last year's teen suspensions involved at least speeding tickets.
The suspensions represent a dramatic increase in the penalties faced by young speeders. Previously, first-time speeders paid a fine that could be as low as $50. They were also permitted to keep their licenses.
While the law was welcomed by parents, teenagers with suspended licenses complained that the law was Draconian.
"It seems slightly overly strict to me," said Isaiah Switzer, 18, of Pittsfield, who lost his license for 90 days for driving 12 miles per hour over the speed limit. His parents had to take three days off from work to drive him to his college exams in Boston, a 2 1/2-hour trip. "It has been quite a problem at times," he said.
Another teenager who lost her license is feeling the brunt of the law.
"Even if I want to visit my friends for an hour, it is a big inconvenience," said Colleen Blanchard, 17, of Shrewsbury, who lost her license for 90 days after getting a ticket for going 46 in a 30-mile-per-hour zone. Now, she needs parents or friends to drive her to and from school and her friends' homes.
The number of teen suspensions could climb dramatically in the months ahead. Between March and December, about 5,400 speeding tickets were given to junior operators. Some tickets are still working through the system because they are mailed to drivers, who are given a chance to appeal, according to the Registry.

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Besides speeding, which was the most common reason for suspension, junior operators also lost their license or permit for driving without an adult driver when they carried young passengers; driving during the nighttime curfew, which lasts from 12:30 to 5 a.m.; drag racing; reckless driving, and other reasons. Penalties for those offenses were increased, as well. Reckless driving, for example, carries a 180-day suspension for a junior operator.
Speeding tickets given to junior operators dropped about one-third from the previous year, when about 8,000 were handed out. While the reason has not been established through research, Registrar Anne L. Collins of the Registry of Motor Vehicles, which tracks suspensions, speculated that the drop-off occurred because teenagers were worried about losing their license and changed their bad driving habits.
"Teens are getting the message and are curbing their behavior," Collins said.
Drivers are considered junior operators until their 18th birthday. For several years, they have faced restrictions that older drivers do not. For instance, for the first six months they have their junior operator license, they cannot drive with another person under the age of 18 in the car, except for a sibling, unless they are accompanied by a licensed driver who is 21 or older.
Teenagers can get a learner's permit at 16 and a junior operator's license at 16 1/2. Of the state's 4.7 million licensed drivers, about 62,000 are junior operators. Although they were a fraction of the drivers on the road, they were involved in 7 percent of fatal accidents last year and 10 percent the year before.
In past years, one-third of 16-year-old drivers and about one-fifth of 17-year-olds have been in serious accidents, according to Registry data.
The number of fatal accidents on state roads declined only slightly, from 441 to 429, between 2006 and 2007, according to the Registry.
The law was passed after a long battle, following several deaths of teenage drivers and passengers. In 2005 and 2006, teenage sisters died in Southborough; two Reading 16-year-olds died in Wakefield; and a 17-year-old girl from Hopkinton and her 10-year-old brother died in another crash.
Besides losing their license and paying fines, junior operators caught speeding are required to take two courses, a Driver Attitudinal Retraining Course that emphasizes taking responsibility for one's own behavior, and the State Courts Against Road Rage, taught by a state trooper.
At a recent SCARR class at the Millbury State Police barracks, about 25 teenagers, including nine girls, watched videos of car crashes. The teenagers sat in stunned silence as they saw torn and bloodied bodies.
Sergeant Richard Eubanks, who developed the course about eight years ago, alternately barked at and cajoled the students.
"We take driving for granted," he said. "But there are big responsibilities with that little piece of plastic. . . . The stupid things you do now can affect you for the rest of your life.