Thursday, June 5, 2008

Juvenile License Suspension Actions including California DUI or Drunk Driving

California DUI criminal defense lawyers are often asked what violations might cause a juvenile to lose his or her driving privileges?

JUVENILE SUSPENSIONS OR DELAYS OF DRIVER’S LICENSE -- The below is a comprehensive listing of california vehicle code violations that will or can cause a juvenile's driver's license to be suspended.

NOTE: Delays are from date of eligibility to obtain a driver’s license

1) MANDATORY SUSPENSIONS: a) Note that a mandatory suspension is not also a mandatory delay unless noted
b) VC § 13202.5 Suspended or delayed for 1 year
i) Business and Professions Code
(1) Purchase or sale of alcohol § 25658
(2) Attempt to purchase alcohol § 25658.5
(3) False ID § 25661
(4) Minor in possession § 25662
ii) Possession or being under the influence of controlled substances HS §§ 11000 et seq
(1) Includes possession of less than an ounce of marijuana
iii) Drunk in public PC § 647(f)
iv) Alcohol related Vehicle Code violations
(1) “Wet reckless” §§ 23103/23103.5
(2) Minor driving with 0.05 BAC §§ 23140
(3) Drunk Driving
(4) Possession of alcohol of less than an ounce of marijuana in a vehicle§§ 23222, 23223, 23224, 23225, 23226
(5) Refusal to take test §23557
c) Vandalism VC § 13202.6
i) Suspension for not more than 2 years
ii) Delay for not less than one year nor more than three years from eligibility date
iii) Can work off suspension
(1) 1 hour Community Service for a day suspension/delay
(2) 1 day for a day if County has adopted a Graffiti Abatement Program (PC § 594 (f))
d) Felony ADW with a vehicle VC § 13351.5
i) Life time suspension
e) Vehicular Manslaughter
i) Gross Vehicular Manslaughter PC § 191.5
ii) DUI related PC § 192(c)(3)
iii) DUI boat related PC § 192.5(c) or (d)


2) DISCRETIONARY SUSPENSIONS
a) For any reason the court can support with facts WIC § 730
b) Suspension cannot be for more than 1 year
i) In re Colleen S. (2004) 115 CA4 471
ii) VC § 13556
c) License suspension on conviction of specified misdemeanors VC § 13201.
i) For not more than six months
ii) Offenses
(1) Hit and run VC 20002.
(2) Reckless driving proximately causing bodily injury to a person under § 23104 or 23105.
(3) Failure of the driver of a vehicle to stop at a railway grade crossing as required by § 22452.
(4) Evading a peace officer in violation of §§ 2800.1, 2800.2, or 2800.3
d) Auto Theft (VC § 10851) VC § 13357.
i) VC § 13357 only mentions suspension so I contend that the court can’t delay a CDL.
e) Speeding or reckless driving VC § 13200.
i) Not to exceed 30 days upon a first conviction,
ii) For a period of not to exceed 60 days upon a second conviction,
iii) And for a period of not to exceed six months upon a third conviction
f) Driving in excess of 100 miles per hour VC § 13200.5.
i) Violation of subdivision (b) of VC § 22348
ii) Not to exceed 30 days.
g) Conviction of minor for offense involving concealed firearm VC § 13202.4.
i) May suspend the minor's driving privilege for five years.
ii) May delay for five years subsequent to the time the person becomes legally eligible to drive.
iii) For each successive offense, may suspend or delay for one additional year.
iv) Minor may reduce suspension time by performing community service
(1) At least 50 percent of the suspension or delay period has expired.
(2) The person has not been the subject of any other criminal conviction during the suspension or delay period.
(3) Reduced at the rate of one day for each hour of community service performed.
h) Truancy VC § 13202.7
i) Up to one year suspension or delay
i) Road Rage VC § 13210.
i) Conviction of PC § 245
ii) Up to 1 year first offense, 2 years subsequent offense

3) REQUIREMENT OF JUVENILE COURT “FINDING”
a) VC § 13105 requires a “finding” by the Juvenile Court that a juvenile has committed an offense.
b) A “finding” by the juvenile court is made on Disposition (WIC § 725)
c) DEJ pursuant to WIC §790 is not a “finding”
i) “A minor's admission of the charges contained in the petition pursuant to this chapter shall not constitute a finding that a petition has been sustained for any purpose, unless a judgment is entered pursuant to subdivision (b) of Section 793.


Contact a California criminal defense attorney today for further questions.

SanDiegoDrunkDrivingAttorney.net/penalty