Wednesday, December 5, 2007

New Statutes in next couple years for California DUI

California DUI lawyer news - new statutes

SEC. 22. Section 42009 of the Vehicle Code is amended to read:
42009. (a) For an offense specified in subdivision (b), committed
by the driver of a vehicle within a highway construction or
maintenance area, during any time when traffic is regulated or
restricted through or around that area pursuant to Section 21367,
when the highway construction or maintenance is actually being
performed in the area by workers acting in their official capacity,
the fine, in a misdemeanor case, shall be double the amount otherwise
prescribed. In an infraction case, the fine shall be one category
higher than the penalty otherwise prescribed by the uniform traffic
penalty schedule established pursuant to Section 40310.
(b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):
(1) Section 21367, relating to regulation of traffic at a
construction site.
(2) Article 3 (commencing with Section 21450) of Chapter 2 of
Division 11, relating to obedience to traffic devices.
(3) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(4) Chapter 4 (commencing with Section 21800) of Division 11,
relating to yielding the right-of-way.
(5) Chapter 6 (commencing with Section 22100) of Division 11,
relating to turning and stopping and turn signals.
(6) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(7) Chapter 8 (commencing with Section 22450) of Division 11,
relating to special traffic stops.
(8) Section 23103, relating to reckless driving.
(9) Section 23104 or 23105, relating to reckless driving that
results in bodily injury to another.
(10) Section 23109 or 23109.1, relating to speed contests.
(11) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(12) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, that results in bodily injury to
another.
(13) Section 23220, relating to drinking while driving.
(14) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(15) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(16) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(17) Section 23224, relating to being a driver or passenger under
the age of 21 possessing an open alcoholic beverage container.
(18) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(19) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when construction or maintenance
work is actually being performed by workers, and there are work zone
traffic control devices, traffic controls or warning signs, or any
combination of those, to notify motorists and pedestrians of
construction or maintenance workers in the area.
SEC. 22.5. Section 42009 of the Vehicle Code is amended to read:
42009. (a) For an offense specified in subdivision (b), committed
by the driver of a vehicle within a highway construction or
maintenance area, during any time when traffic is regulated or
restricted through or around that area pursuant to Section 21367, or
when the highway construction or maintenance is actually being
performed in the area by workers acting in their official capacity,
the fine, in a misdemeanor case, shall be double the amount otherwise
prescribed. In an infraction case, the fine shall be one category
higher than the penalty otherwise prescribed by the uniform traffic
penalty schedule established pursuant to Section 40310.
(b) A violation of the following is an offense that is subject to
subdivision (a):
(1) Section 21367, relating to regulation of traffic at a
construction site.
(2) Article 3 (commencing with Section 21450) of Chapter 2 of
Division 11, relating to obedience to traffic devices.
(3) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(4) Chapter 4 (commencing with Section 21800) of Division 11,
relating to yielding the right-of-way.
(5) Chapter 6 (commencing with Section 22100) of Division 11,
relating to turning and stopping and turn signals.
(6) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(7) Chapter 8 (commencing with Section 22450) of Division 11,
relating to special traffic stops.
(8) Section 23103, relating to reckless driving.
(9) Section 23104 or 23105, relating to reckless driving which
results in bodily injury to another.
(10) Section 23109 or 23109.1, relating to speed contests.
(11) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(12) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(13) Section 23154, relating to convicted drunk drivers operating
a motor vehicle with a blood-alcohol concentration of 0.01 percent or
greater.
(14) Section 23220, relating to drinking while driving.
(15) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(16) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(17) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(18) Section 23224, relating to being a driver or passenger under
the age of 21 possessing an open alcoholic beverage container.
(19) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(20) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when construction or maintenance
work is actually being performed by workers, and there are work zone
traffic control devices, traffic controls or warning signs, or any
combination of those, to notify motorists and pedestrians of
construction or maintenance workers in the area.
SEC. 23. Section 42010 of the Vehicle Code is amended to read:
42010. (a) For any offense specified in subdivision (b) that is
committed by the driver of a vehicle within an area that has been
designated as a Safety Enhancement- Double Fine Zone pursuant to
Section 97 and following of the Streets and Highways Code, the fine,
in a misdemeanor case, shall be double the amount otherwise
prescribed, and, in an infraction case, the fine shall be one
category higher than the penalty otherwise prescribed by the uniform
traffic penalty schedule established pursuant to Section 40310.
(b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):
(1) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(2) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(3) Section 23103, relating to reckless driving.
(4) Section 23104 or 23105, relating to reckless driving that
results in bodily injury to another.
(5) Section 23109 or 23109.1, relating to speed contests.
(6) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(7) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(8) Section 23220, relating to drinking while driving.
(9) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(10) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(11) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(12) Section 23224, relating to being a driver or passenger under
21 years of age possessing an open alcoholic beverage container.
(13) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(14) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when traffic controls or warning
signs have been placed pursuant to Section 97 or 97.1 of the Streets
and Highways Code.
(d) (1) Notwithstanding any other provision of law, the enhanced
fine imposed pursuant to this section shall be based only on the base
fine imposed for the underlying offense and shall not include any
other enhancements imposed pursuant to law.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
SEC. 23.5. Section 42010 of the Vehicle Code is amended to read:
42010. (a) For an offense specified in subdivision (b) that is
committed by the driver of a vehicle within an area that has been
designated as a Safety Enhancement- Double Fine Zone pursuant to
Section 97 and following of the Streets and Highways Code, the fine,
in a misdemeanor case, shall be double the amount otherwise
prescribed, and, in an infraction case, the fine shall be one
category higher than the penalty otherwise prescribed by the uniform
traffic penalty schedule established pursuant to Section 40310.
(b) A violation of the following is an offense that is subject to
subdivision (a):
(1) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(2) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(3) Section 23103, relating to reckless driving.
(4) Section 23104 or 23105, relating to reckless driving that
results in bodily injury to another.
(5) Section 23109 or 23109.1, relating to speed contests.
(6) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(7) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(8) Section 23154, relating to convicted drunk drivers operating a
motor vehicle with a blood-alcohol concentration of 0.01 percent or
greater.
(9) Section 23220, relating to drinking while driving.
(10) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(11) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(12) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(13) Section 23224, relating to being a driver or passenger under
21 years of age possessing an open alcoholic beverage container.
(14) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(15) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when traffic controls or warning
signs have been placed pursuant to Section 97 or 97.1 of the Streets
and Highways Code.
(d) (1) Notwithstanding any other provision of law, the enhanced
fine imposed pursuant to this section shall be based only on the base
fine imposed for the underlying offense and shall not include any
other enhancements imposed pursuant to law.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.