Wednesday, June 30, 2010

No Permanent License Suspension for 3rd California DUI conviction, say attorneys whose clients must drive & support their families

Overzealous MADD people and one state representative unsuccessfully tried to pass an illogical law proposing that a driver suffering 3 California DUI convictions to have their driver’s license taken away permanently.

Just because someone has multiple DUI convictions in California does not mean they should have his or her licenses taken away forever! People do have to work for a living and support their families.

The reactionary bill, AB 1443, known as “Melody’s Law,” was named after 9-year-old Melody Osheroff of Novato who was hit and killed a year ago by a motorcyclist who had 12 prior convictions for DUI or reckless driving. Legislators do know that there are very harsh, existing prison sentences for those drivers killing people already.

But California DUI criminal defense lawyers are told the bill was shot down before the state Senate Public Safety Committee on Tuesday. The bill justifiably died on a 3-0 vote.

The committee, chaired by state Sen. Mark Leno, whose district stretches from the southern half of Sonoma County to San Francisco, apparently discussed a more different version of the California DUI bill that essentially gives judges discretion to revoke a license for 10 years.

A few, not the wiser majority, California legislators often blindly fight for a stronger policy towards DUI crimes in general.

The Legislature has already increased use of a California DUI prior from 7 to 10 years old, sufficiently penalizing even the worst repeat offenders by introducing harsher and harsher California DUI penalties which drunk driving criminal defense attorneys try to avoid: license suspension, jail, impound, forfeiture, alcohol programs, ignition interlock devices, etc.

Sunday, June 27, 2010

Bookmark California DUI attorneys' checkpoint warning site today

It is estimated that 18 California drivers avoided a DUI this weekend by taking alternative routes to avoid these posted checkpoints.

Why risk a $10,000+ drunk driving trap? Bookmark California DUI attorneys' checkpoint warning site today.

Saturday, June 26, 2010

California DMV - DUI legal representation: 1-800-THE-LAW-DUI


California DMV - DUI legal representation: 1-800-THE-LAW-DUI

Superb-rated

California DUI Criminal Defense Attorney Rick Mueller only helps folks with California DUI and DMV issues.

San Diego DUI



California criminal defense lawyers who attend his seminars have told the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentations and materials are excellent.


Video of California DUI / DMV Attorney


The only California DUI Editorial Consultant from San Diego for the most comprehensive reference book for California DUI law, the California's bible for DUI defense, it has San Diego DUI attorney Rick Mueller's hard work.
href="http://www.sandiegodrunkdrivingattorney.net/">California DUI Attorney



San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (
California's DUI "EVALUATION FORM"

at this online DUI consultation site


(1-800-843-5293)


4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122


Click on below information by a San Diego DUI Criminal Defense Lawyer:

San Diego DUI Lawyer


Friday, June 25, 2010

Mary McMurray is a top DUI expert, recognized from California throughout the country, called by both DUI defense attorneys & Drunk Driving Prosecutors

For the first time for many, California DUI criminal defense lawyers were introduced by San Diego DUI attorney Rick Mueller to Mary McMurray on August 20, 1999 at the Hotel Del Coronado when they spoke at "Strategies in Handling DUI Cases In California."

Mary at that time was a highly recognized expert in the area of chemical testing for ethyl alcohol and the interpretation of analytical results in DUI / Drunk Driving cases.

Now she may be the best DUI expert of all time. She is widely respected by both DUI Prosecutors and Drunk Driving Defense Lawyers.

At the time of said San Diego DUI Seminar, Mary was a consultant with Forensic Associates Inc. of Minneapolis Minnesota.

CV:

Chemistry degree. Previously worked for Wisconsin State Patrol on Intoxilyzer 5000 as instructor and maintenance tech. Extensive experience with BAC Datamaster, Intoximeter EC-IR and Draeger 7410 & 7110. Expert on preliminary breath testing devices. Expert on software applications for breath instruments. Also former SFST instructor in 1980s and early 1990s.

Contact info for any California DUI attorney who wishes to consult:
Mary Catherine McMurray
3523 County Road JG
Blue Mounds WI 53517-9690

608 437-5344 office
608 437-1055 fax

Wednesday, June 23, 2010

Where does that California DUI breath test number come from? (Government's attempt to convert breath to blood v. Henry's Law)

Where does that California DUI breath test number come from? (Answer: The Government's attempt to convert breath to blood.)

California DUI lawyers point out that breath test estimators do not directly measure blood alcohol content or concentration, which requires the analysis of a blood sample. Instead, they attempt to estimate Blood Alcohol Concentration (BAC) indirectly by measuring the amount of alcohol in one's breath.

"Henry's Law" is one of the gas laws, formulated by William Henry in 1803.

The mass of a gas which will dissolve into a solution is directly proportional to the partial pressure of that gas above the solution.

Henry's Law is the principle that, at equilibrium, the amount of gas dissolved in a given volume of liquid is directly proportional to the partial pressure of that gas in the gas phase.

A California DUI breath test estimator tests a person's end expired air which is gaseous.

IF all of the possible variables remain constant, the government - which authorizes use of California DUI breath test machines - maintains one can determine a person's partition ratio that relates to the amount of ethanol in the gas (breath) to the liquid (blood).

Henry's Law, according to Wikipedia, states that:

At a constant temperature, the amount of a given gas dissolved in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid.

An equivalent way of stating the law is that the solubility of a gas in a liquid at a particular temperature is proportional to the pressure of that gas above the liquid. Henry's law has since been shown to apply for a wide range of dilute solutions, not merely those of gases.

This assumes a closed system. But the lung is not a closed system.

Alcohol or ethanol is a volatile compound.

If one alters the California DUI breath test estimator's temperature, flow, or pressure, Henry’s Law is violated. That means the partition ratio, which is the predictable relationship between the liquid phase and the gaseous phase, cannot therefore be known.

As the California courts recently suggest, the partition ratio (Henry's law constant), under controlled laboratory conditions, has been measured by different
scientists. For ethanol in water, they measured and reported different values, ranging from 1200 to 1, up to 2300 to 1.

What happens when one blows into a breath test estimator?

No person ever exhales at a constant flow or pressure.

No person maintains the same temperature as she or he exhales.

There are also elevated breath temperatures in patients with certain medical conditions (e.g. asthma). There could easily be enough of an increase in a person's breath temperature to substantially affect hand-held Preliminary Alcohol Screening (PAS) breath readings based on their 34 degree presumption setup, something a little extra that you could point to rather than just the usual existing variance among the general population. No breath test estimator has a breath temperature function.

In sum, there is no predictable and usable partition ratio for California DUI breath test estimators. So, one really cannot relate the amount of alcohol in gas (breath) to liquid (blood).

California DUI breath test results are highly variable and often unreliable.

California DUI attorney prosecutors must deal with the reality that there are a number of inaccuracies with breath testing.

Tuesday, June 22, 2010

"Where's my Phone?" Weaving? Sober folks weave, right California Deputy DUI Donut?! How should you conduct yourself after a DUI arrest!

California DUI criminal defense lawyers often deal with a drunk driving investigative officer who maintains that the driver failed to maintain his lane in violation of California Vehicle Section 21658(a).

How does a California drunk driving criminal defense attorney deal with such a California DUI deputy?

Here's one sample:

Deputy DUI Donut, there are a number of other reasons why folks go over a lane marker, correct?

For example, a mechanical problem, talking to passenger, responding to a cell phone ring, looking at passenger, seeing something out the window, averting a road hazard, lawfully utilizing a cell phone to call one's loved one, lighting a cigarette, changing a radio station or cd, interfering glare, rain on the windshield or road, these are all reasons why drivers may go over the lane line, correct?

Deputy DUI Donut, you have weaved yourself while driving and when completely sober, correct?

Deputy DUI Donut, so while you have been driving with the caution characteristic of a sober person, you have failed to maintain your lane?

Deputy DUI Donut, what you need to know as an officer is whether any lane violations were caused by being under the influence of alcohol, correct?

Deputy DUI Donut, if the lane violation was not caused by alcohol, then it would not be appropriate for you to use the lane violation as a factor in your decision to make a California drunk driving arrest, correct?

Deputy DUI Donut, if someone goes over a lane marker because they are trying to avoid a pothole, that probably shows the driver is prudent and cognizant, the exact opposite of being under the influence of alcohol, correct?

Deputy DUI Donut, avoiding a road hazard shows that the driver is alert and able to maneuver their vehicle with the caution characteristic of a sober person, correct?

Deputy DUI Donut, you indicated earlier that the accused went over the line 2 times by about a tire width, correct?

Deputy DUI Donut, you also indicated that you followed the accused for about a mile, correct?

Deputy DUI Donut, the accused was not driving in a zigzag course, he went straight, then there was a drift and then he went straight again, correct?

Deputy DUI Donut, the lane violations also did not repeat regularly, there was a violation, then normal driving for a while and then a bit later another violation, correct?

Deputy DUI Donut, for a driver to fail to maintain the lane over a long one mile stretch, there often can be a regular pattern where one violation is closely followed by another, correct?

Deputy DUI Donut, a few questions back, you told us that there was no zigzag pattern, correct?

Deputy DUI Donut, you also told us that the lane violations were not regular but instead separated by periods of normal driving, correct?

Deputy DUI Donut, you told us earlier that weaving was an important factor in your decision to arrest the accused, correct?

Deputy DUI Donut, so your decision to arrest the accused may have been based upon a mistake, correct?

Remember, if suspected of a DUI in California, do these five things:

1. Always be polite and respectful to the drunk driving police officers. How you are perceived by a California DUI jury is extremely critical.

2. In California, a few jurisdictions video the DUI arrest, breath testing and/or booking process. Always be on your best behavior.

3. Call a friend or relative from jail ASAP so they can hear you speak to help determine your actual state of sobriety.

4. Compile a detailed list of all chronological events before being stopped up to and including being released from California DUI custody.

5. Hire the most experienced California DUI/DMV criminal defense lawyer to represent you.

A dedicated California DUI/DMV criminal defense attorney is able to examine your favorable issues and convey to a California DUI prosecutor, California DUI judge, California DUI jury, or California DUI - DMV hearing officer.

Monday, June 21, 2010

Video of San Diego DUI / DMV Attorney

What you must do within 10 days of being arrested

San Diego DUI



10. If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!



Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.



9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.



8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.



7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.



6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.



5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.



If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.



4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.



3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)



Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.



2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!



1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!






San Diego DUI Lawyer



Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

California DUI Attorney


Video of San Diego DUI / DMV Attorney

Sunday, June 20, 2010

Start Here - a Free California DUI Evaluation

at this online DUI site

Check locations of California drunk driving checkpoints on this new & effect California DUI checkpoint map is a fantastic way of simply avoiding a San Diego or Southern California drunk driving arrest.

Unfortunately arrested for a California DUI or drunk driving offense in San Diego county, you want the best San Diego DUI Defense Attorney Specialist to handle your San Diego DUI case and San Diego DMV hearing.
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A premier San Diego DUI criminal defense lawyer will provide professional defense of your San Diego California Drunk Driving case & San Diego DMV action from the beginning to the end. With sound objectives of preserving your legal rights, protecting your liberties and reducing any San Diego DUI / DMV penalties to a minimum, your San Diego DUI criminal & DMV defense attorney will keep you properly advised and posted throughout the entire processes.



To properly defend your San Diego DUI case & San Diego DMV action, and to afford you the best chance to regain control of your life, it is critical to seek San Diego DUI legal representation immediately.



Hiring a premier San Diego DUI /drunk driving criminal defense attorney as soon as possible can help to avoid further San Diego jail .



A top San Diego DUI criminal defense lawyer will investigate your San Diego drunk driving arrest to ensure that your legal rights were preserved and that the San Diego county DUI police observed proper San Diego DUI standards.



If your San Diego DUI criminal lawyer points out unlawful police action or improper conduct by San Diego area DUI cops, it could be grounds for San Diego DUI case dismissal.



Even if important San Diego DUI procedures were followed, your San Diego DUI attorney will nonetheless defend your San Diego drunk driving case in the best possible manner.



With no prior criminal DUI record, a first San Diego DUI / drunk driving offense frequently provides a window of opportunity for your San Diego DUI defense lawyer to aggressively represent and request reduced San Diego DUI sentencing, if any.



A premier San Diego DUI attorney will be one with over 27 years of experience and expertise in San Diego California drunk driving cases. Good San Diego defense outcomes and satisfied clients reflects the vigorous abilities of your San Diego DUI / drunk driving criminal attorney.

San Diego DUI criminal defense attorneys usually offer a free initial DUI & DMV defense consultation to learn more about your Calfornia DUI case. To find the best San Diego DUI criminal defense lawyer, visit

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Saturday, June 19, 2010

Update California dui interlock after 90 days for second drunk driving offense

New california dui laws for second dui offender to drive legal after obtaining credit for at least 90 days of license suspension.

California dui criminal defense lawyers can use these CA Vehicle Code on 7/1/2010:

13352a3

... The department shall advise a person convicted or found to be in violation of
subdivision (a) or (b) of Section 23152 that after completion of 90
days of the suspension period, which may include credit for a
suspension period served under subdivision (c) of Section 13353.3,
the person may apply to the department for a restricted driver's
license. Eligibility for the restricted driver's license is subject
to the following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under- the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under- the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all reissue fees and any restriction fee
required by the department.
(G) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(H) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.


13353.2. (a) The department shall immediately suspend the privilege
of a person to operate a motor vehicle for any one of the following
reasons:
(1) The person was driving a motor vehicle when the person had
0.08 percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test, or other chemical test.
(3) The person was driving a vehicle that requires a commercial
driver's license when the person had 0.04 percent or more, by weight,
of alcohol in his or her blood.
(4) The person was driving a motor vehicle when both of the
following applied:
(A) The person was on probation for a violation of Section 23152
or 23153.
(B) The person had 0.01 percent or more, by weight, of alcohol in
his or her blood, as measured by a preliminary alcohol screening test
or other chemical test.


13353.3c

If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23152 or 23153, including, but not limited to,
a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except
that the periods of suspension or revocation shall run concurrently,
and the total period of suspension or revocation shall not exceed
the longer of the two suspension or revocation periods.



23620. (a) For the purposes of this division, Section 13352, and
Chapter 12 (commencing with Section 23100) of Division 11, a separate
offense that resulted in a conviction of a violation of subdivision
(f) of Section 655 of the Harbors and Navigation Code or of Section
191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code is a
separate offense of a violation of Section 23153.
(b) For the purposes of this division and Chapter 12 (commencing
with Section 23100) of Division 11, and Section 13352, a separate
offense that resulted in a conviction of a violation of subdivision
(b), (c), (d), or (e) of Section 655 of the Harbors and Navigation
Code is a separate violation of Section 23152.



BILL NUMBER: SB 598 CHAPTERED
BILL TEXT

CHAPTER 193
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 23, 2009

INTRODUCED BY Senator Huff
(Coauthors: Senators Benoit, DeSaulnier, Hancock, and Leno)
(Coauthors: Assembly Members Buchanan and Solorio)

FEBRUARY 27, 2009

An act to amend Sections 13352, 13352.5, 23109, 23550, 23550.5,
23552, 23566, and 23568 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 598, Huff. Vehicles: driving under the influence (DUI).
(1) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug, or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood, or who is addicted to the use of any drug. Existing
law authorizes a person whose privilege is suspended or revoked in
that manner to receive a restricted driver's license if specified
requirements are met, including, in some instances, the installation
of a certified ignition interlock device on the person's vehicle.
Existing law requires that a person, convicted of driving under
the influence, without bodily injury to another, within 10 years of
being convicted of a separate violation of one of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being suspended for 2 years. The Department of
Motor Vehicles is required to advise the person that he or she may
apply for a restricted driver's license after completion of 12 months
of the suspension period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including,
among other things, submitting proof of installation of a certified
ignition interlock device, agreeing to maintain the ignition
interlock device, and paying certain fees, including, but not limited
to, all administrative fees or reissue fees.
This bill would instead require the department to advise a person,
who was only under the influence of an alcoholic beverage at the
time of the violation, that he or she may apply for a restricted
driver's license after completion of 90 days of the suspension
period, under certain circumstances.
(2) Existing law requires that a person convicted of driving under
the influence, without bodily injury to another, within 10 years of
being convicted of 2 separate violations of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being revoked for 3 years. The department is
required to advise the person that he or she may apply for a
restricted driver's license after completion of 12 months of the
revocation period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including,
among other things, satisfactory completion of 12 months of an
18-month or 30-month driving-under-the-influence program, submitting
proof of installation of a certified ignition interlock device,
agreeing to maintain the ignition interlock device, and paying
certain fees.
This bill would instead require the department to advise a person,
who was found to be only under the influence of an alcoholic
beverage at the time of the violation, of his or her ability to apply
for a restricted driver's license after completion of 6 months of
the revocation period, subject to certain conditions, including that
if the person is convicted of a specified offense that person
subsequently satisfactorily provides proof of enrollment in an
18-month or 30-month driving-under-the-influence program, as
prescribed. The bill would require the person to pay a fee sufficient
to cover the costs of administration, as determined by the
department.
(3) This bill would require that a person convicted of driving
under the influence of any drug or the combined influence of any drug
and an alcoholic beverage, without bodily injury to another, within
10 years of being convicted of a separate violation of one of the
specified driving-under-the-influence offenses, be punished by his or
her driving privilege being revoked for 2 years. This bill would
authorize the department to reinstate the privilege provided certain
conditions are met. This bill would require the department to advise
the person that he or she may apply for a restricted driver's license
after completion of 12 months of the suspended period, subject to
certain conditions including, among other things, that the person
provides proof of enrollment in an 18-month or 30-month
driving-under-the-influence program, as prescribed.
(4) This bill would also require a person convicted of driving
under the influence of any drug or the combined influence of any drug
and an alcoholic beverage, without bodily injury to another, within
10 years of being convicted of 2 separate violations of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being revoked for 3 years. This bill would
authorize the department to reinstate the privilege provided certain
conditions are met. This bill would require the department to advise
the person that he or she may apply for a restricted driver's license
after completion of 12 months of the suspended period, subject to
certain conditions, including, among other things, that the person
has satisfactorily completed the initial 12 months of an 18-month or
30-month driving-under-the-influence program as prescribed.
(5) This bill would make other conforming changes.
(6) This bill would become operative on July 1, 2010.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153, subdivision
(a) of Section 23109, or Section 23109.1, or upon the receipt of a
report of a judge of the juvenile court, a juvenile traffic hearing
officer, or a referee of a juvenile court showing that the person has
been found to have committed a violation of Section 23152 or 23153
or subdivision (a) of Section 23109 or Section 23109.1. If an offense
specified in this section occurs in a vehicle defined in Section
15210, the suspension or revocation specified below shall apply to
the noncommercial driving privilege. The commercial driving privilege
shall be disqualified as specified in Sections 15300 to 15302,
inclusive. For the purposes of this section, suspension or revocation
shall be as follows:
(1) Except as required under Section 13352.1 or 13352.4, upon a
conviction or finding of a violation of Section 23152 punishable
under Section 23536, the privilege shall be suspended for a period of
six months.
The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll in, participate in, and complete
either program described in subdivision (b) of Section 23542, the
department shall require that program in lieu of the program
described in subdivision (b) of Section 23538. For the purposes of
this paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556. If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll
in, participate in, and complete either program described in
subdivision (b) of Section 23542, the department shall require that
program in lieu of the program described in Section 23556. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may not be given to any program activities
completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, and if the person was found to be only under the influence of
an alcoholic beverage at the time of the violation of Section 23152,
the privilege shall be suspended for two years. The privilege may not
be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise a person convicted or found to be in violation of
subdivision (a) or (b) of Section 23152 that after completion of 90
days of the suspension period, which may include credit for a
suspension period served under subdivision (c) of Section 13353.3,
the person may apply to the department for a restricted driver's
license. Eligibility for the restricted driver's license is subject
to the following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all reissue fees and any restriction fee
required by the department.
(G) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(H) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in paragraph (4) of
subdivision (b) of Section 23562. For the purposes of this
paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after the completion of 12 months of the
revocation period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, and if the person was found to be only under the influence of
an alcoholic beverage at the time of the violation of Section 23152,
the privilege shall be revoked for a period of three years. The
privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise a
person convicted or found to be in violation of subdivision (a) or
(b) of Section 23152 that after completion of six months of the
revocation period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license. Eligibility for
the restricted driver's license is subject to the following
conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, one of the
following:
(i) With regard to a conviction under subdivision (a) or (b) of
Section 23152, proof of enrollment in an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) With regard to a conviction under subdivision (a) or (b) of
Section 23152, proof of enrollment in a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(H) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, and if the person was found to be under the influence of any
drug or the combined influence of any drug and an alcoholic beverage,
the privilege shall be suspended for two years. The privilege may
not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542. For the purposes of
this paragraph, enrollment in, participation in, and completion of an
approved program shall be subsequent to the date of the current
violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for a suspension period
served under subdivision (c) of Section 13353.3, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, and if the person was found to be under the influence of any
drug or the combined influence of any drug and an alcoholic beverage,
the privilege shall be revoked for a period of three years. The
privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision (b)
or (c) of Section 23548, or, if available in the county of the person'
s residence or employment, a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, or a program specified in Section 8001 of the Penal Code. For
the purposes of this paragraph, enrollment in, participation in, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit shall not be given to any program
activities completed prior to the date of the current violation. The
department shall advise the person that after completion of 12 months
of the revocation period, which may include credit for a suspension
period served under subdivision (c) of Section 13353.3, the person
may apply to the department for a restricted driver's license,
subject to the following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise the
person that after the completion of 12 months of the revocation
period, which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(9) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment in, participation in, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise the
person that after the completion of 12 months of the revocation
period, which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(10) Upon a conviction or finding of a violation of subdivision
(a) of Section 23109 that is punishable under subdivision (e) of that
section or Section 23109.1, the privilege shall be suspended for a
period of 90 days to six months, if ordered by the court. The
privilege may not be reinstated until the person gives proof of
financial responsibility, as defined in Section 16430.
(11) Upon a conviction or finding of a violation of subdivision
(a) of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six
months, if ordered by the court. The privilege may not be reinstated
until the person gives proof of financial responsibility, as defined
in Section 16430.
(b) For the purpose of paragraphs (2) to (11), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109 or Section 23109.1, as specified in subdivision
(a) of this section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (9), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.

(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was
operating a commercial motor vehicle, as defined in Section 15210, at
the time of a violation that resulted in a suspension or revocation
of the person's noncommercial driving privilege under this section is
not eligible for the restricted driver's license authorized under
paragraphs (3) to (9), inclusive, of subdivision (a).
SEC. 2. Section 13352.5 of the Vehicle Code is amended to read:
13352.5. (a) The department shall issue a restricted driver's
license to a person whose driver's license was suspended under
paragraph (3) of subdivision (a) of Section 13352, if all of the
following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or
completion of, a driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, as described
in subdivision (b) of Section 23542 has been received in the
department's headquarters.
(2) The person submits proof of financial responsibility, as
described in Section 16430.
(3) The person completes not less than 90 days of the suspension
period imposed under paragraph (3) of subdivision (a) of Section
13352. The 90 days may include credit for any suspension period
served under subdivision (c) of Section 13353.3.
(4) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become
effective when the department receives all of the documents and fees
required under subdivision (a) and shall remain in effect until the
final day of the original suspension imposed under paragraph (3) of
subdivision (a) of Section 13352, or until the date all reinstatement
requirements described in Section 13352 have been met, whichever
date is later.
(c) The restriction of the driving privilege shall be limited to
the hours necessary for driving to and from the person's place of
employment, driving during the course of employment, and driving to
and from activities required in the driving-under-the-influence
program.
(d) Whenever the driving privilege is restricted under this
section, proof of financial responsibility, as defined in Section
16430, shall be maintained for three years. If the person does not
maintain that proof of financial responsibility at any time during
the restriction, the driving privilege shall be suspended until the
proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment in, participation
in, and completion of an approved program shall be subsequent to the
date of the current violation. Credit shall not be given to any
program activities completed prior to the date of the current
violation.
(f) The department shall terminate the restriction imposed
pursuant to this section and shall suspend the privilege to drive
under paragraph (3) of subdivision (a) of Section 13352 upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements.
(g) If, upon conviction, the court has made the determination, as
authorized under subdivision (b) of Section 23540 or subdivision (d)
of Section 23542, to disallow the issuance of a restricted driver's
license, the department shall not issue a restricted driver's license
under this section.
(h) A person restricted pursuant to this section may apply to the
department for a restricted driver's license, subject to the
conditions specified in paragraph (3) of subdivision (a) of Section
13352. Whenever proof of financial responsibility has already been
provided and a restriction fee has been paid in compliance with
restrictions described in this section, and the offender subsequently
receives an ignition interlock device restriction described in
paragraph (3) of subdivision (a) of Section 13352, the proof of
financial responsibility period shall not be extended beyond the
previously established term and no additional restriction fee shall
be required.
(i) This section applies to a person who meets all of the
following conditions:
(1) Has been convicted of a violation of Section 23152 that
occurred on or before July 1, 1999, and is punishable under Section
23540, or former Section 23165.
(2) Was granted probation for the conviction subject to conditions
imposed under subdivision (b) of Section 23542, or under subdivision
(b) of former Section 23166.
(3) Is no longer subject to the probation described in paragraph
(2).
(4) Has not completed the licensed driving-under-the-influence
program under paragraph (3) of subdivision (a) of Section 13352 for
reinstatement of the driving privilege.
(5) Has no violations in his or her driving record that would
preclude issuance of a restricted driver's license.
SEC. 3. Section 23109 of the Vehicle Code is amended to read:
23109. (a) A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an event
in which the time to cover a prescribed route of more than 20 miles
is measured, but where the vehicle does not exceed the speed limits,
is not a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
(c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.
(d) A person shall not, for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway, in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.
(e) (1) A person convicted of a violation of subdivision (a) shall
be punished by imprisonment in a county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment. That person shall
also be required to perform 40 hours of community service. The court
may order the privilege to operate a motor vehicle suspended for 90
days to six months, as provided in paragraph (10) of subdivision (a)
of Section 13352. The person's privilege to operate a motor vehicle
may be restricted for 90 days to six months to necessary travel to
and from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's
employment, restricted to driving in that person's scope of
employment. This subdivision does not interfere with the court's
power to grant probation in a suitable case.
(2) If a person is convicted of a violation of subdivision (a) and
that violation proximately causes bodily injury to a person other
than the driver, the person convicted shall be punished by
imprisonment in a county jail for not less than 30 days nor more than
six months or by a fine of not less than five hundred dollars ($500)
nor more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(f) (1) If a person is convicted of a violation of subdivision (a)
for an offense that occurred within five years of the date of a
prior offense that resulted in a conviction of a violation of
subdivision (a), that person shall be punished by imprisonment in a
county jail for not less than four days nor more than six months, and
by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000).
(2) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes bodily
injury to a person other than the driver, a person convicted of that
second violation shall be imprisoned in a county jail for not less
than 30 days nor more than six months and by a fine of not less than
five hundred dollars ($500) nor more than one thousand dollars
($1,000).
(3) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes
serious bodily injury, as defined in paragraph (4) of subdivision (f)
of Section 243 of the Penal Code, to a person other than the driver,
a person convicted of that second violation shall be imprisoned in
the state prison, or in a county jail for not less than 30 days nor
more than one year, and by a fine of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
(4) The court shall order the privilege to operate a motor vehicle
of a person convicted under paragraph (1), (2), or (3) suspended for
a period of six months, as provided in paragraph (11) of subdivision
(a) of Section 13352. In lieu of the suspension, the person's
privilege to operate a motor vehicle may be restricted for six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment.
(5) This subdivision does not interfere with the court's power to
grant probation in a suitable case.
(g) If the court grants probation to a person subject to
punishment under subdivision (f), in addition to subdivision (f) and
any other terms and conditions imposed by the court, which may
include a fine, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than 48
hours nor more than six months. The court shall order the person's
privilege to operate a motor vehicle to be suspended for a period of
six months, as provided in paragraph (11) of subdivision (a) of
Section 13352 or restricted pursuant to subdivision (f).
(h) If a person is convicted of a violation of subdivision (a) and
the vehicle used in the violation is registered to that person, the
vehicle may be impounded at the registered owner's expense for not
less than one day nor more than 30 days.
(i) A person who violates subdivision (b), (c), or (d) shall upon
conviction of that violation be punished by imprisonment in a county
jail for not more than 90 days, by a fine of not more than five
hundred dollars ($500), or by both that fine and imprisonment.
(j) If a person's privilege to operate a motor vehicle is
restricted by a court pursuant to this section, the court shall
clearly mark the restriction and the dates of the restriction on that
person's driver's license and promptly notify the Department of
Motor Vehicles of the terms of the restriction in a manner prescribed
by the department. The Department of Motor Vehicles shall place that
restriction in the person's records in the Department of Motor
Vehicles and enter the restriction on a license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
(k) The court may order that a person convicted under this
section, who is to be punished by imprisonment in a county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.
( l ) This section shall be known and may be cited as
the Louis Friend Memorial Act.
SEC. 4. Section 23550 of the Vehicle Code is amended to read:
23550. (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years of three or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination thereof, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 180 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than one thousand
dollars ($1,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (9) of subdivision (a) of Section 13352. The court shall
require the person to surrender the driver's license to the court in
accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction. The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
SEC. 5. Section 23550.5 of the Vehicle Code is amended to read:
23550.5. (a) A person is guilty of a public offense, punishable
by imprisonment in the state prison or confinement in a county jail
for not more than one year and by a fine of not less than three
hundred ninety dollars ($390) nor more than one thousand dollars
($1,000) if that person is convicted of a violation of Section 23152
or 23153, and the offense occurred within 10 years of any of the
following:
(1) A prior violation of Section 23152 that was punished as a
felony under Section 23550 or this section, or both, or under former
Section 23175 or former Section 23175.5, or both.
(2) A prior violation of Section 23153 that was punished as a
felony.
(3) A prior violation of paragraph (1) of subdivision (c) of
Section 192 of the Penal Code that was punished as a felony.
(b) Each person who, having previously been convicted of a
violation of subdivision (a) of Section 191.5 of the Penal Code, a
felony violation of subdivision (b) of Section 191.5, or a violation
of subdivision (a) of Section 192.5 of the Penal Code, is
subsequently convicted of a violation of Section 23152 or 23153 is
guilty of a public offense punishable by imprisonment in the state
prison or confinement in a county jail for not more than one year and
by a fine of not less than three hundred ninety dollars ($390) nor
more than one thousand dollars ($1,000).
(c) The privilege to operate a motor vehicle of a person convicted
of a violation that is punishable under subdivision (a) or (b) shall
be revoked by the department under paragraph (9) of subdivision (a)
of Section 13352, unless paragraph (8) of subdivision (a) of Section
13352 is also applicable, in which case the privilege shall be
revoked under that provision. The court shall require the person to
surrender the driver's license to the court in accordance with
Section 13550.
(d) A person convicted of a violation of Section 23152 or 23153
that is punishable under this section shall be designated as a
habitual traffic offender for a period of three years, subsequent to
the conviction. The person shall be advised of this designation under
subdivision (b) of Section 13350.
SEC. 6. Section 23552 of the Vehicle Code is amended to read:
23552. (a) (1) If the court grants probation to a person punished
under Section 23550, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in a county jail for at least 180 days but not more than one year and
pay a fine of at least three hundred ninety dollars ($390) but not
more than one thousand dollars ($1,000).
(2) The person's privilege to operate a motor vehicle shall be
revoked by the department under paragraph (9) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) In addition to subdivision (a), if the court grants probation
to any person punished under Section 23550, the court may order as a
condition of probation that the person participate, for at least 30
months subsequent to the underlying conviction and in a manner
satisfactory to the court, in a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code. In
lieu of the minimum term of imprisonment in subdivision (a), the
court shall impose as a condition of probation under this subdivision
that the person be confined in the county jail for at least 30 days
but not more than one year. The court shall not order the treatment
prescribed by this subdivision unless the person makes a specific
request and shows good cause for the order, whether or not the person
has previously completed a treatment program pursuant to subdivision
(b) of Section 23542 or paragraph (4) of subdivision (b) of Section
23562. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code. No condition of probation required pursuant
to this subdivision is a basis for reducing any other probation
requirement in this section or Section 23600 or for avoiding the
mandatory license revocation provisions of paragraph (9) of
subdivision (a) of Section 13352.
(c) In addition to Section 23600 and subdivision (a), if the court
grants probation to any person punished under Section 23550 who has
not previously completed a treatment program pursuant to subdivision
(b) of Section 23542 or paragraph (4) of subdivision (b) of Section
23562, and unless the person is ordered to participate in, and
complete, a program under subdivision (b), the court shall impose as
a condition of probation that the person, subsequent to the date of
the current violation, enroll in and participate, for at least 18
months and in a manner satisfactory to the court, in a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court. The
person shall complete the entire program subsequent to, and shall not
be given any credit for program activities completed prior to, the
date of the current violation. A person who has previously completed
a 12-month or 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code shall not be
eligible for referral pursuant to this subdivision unless a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code is not available for referral in
the county of the person's residence or employment. A condition of
probation required pursuant to this subdivision is not a basis for
reducing any other probation requirement in this section or Section
23600 or for avoiding the mandatory license revocation provisions of
paragraph (9) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
SEC. 7. Section 23566 of the Vehicle Code is amended to read:
23566. (a) If a person is convicted of a violation of Section
23153 and the offense occurred within 10 years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, that resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor more than five thousand dollars
($5,000). The person's privilege to operate a motor vehicle shall be
revoked by the Department of Motor Vehicles pursuant to paragraph (8)
of subdivision (a) of Section 13352. The court shall require the
person to surrender the driver's license to the court in accordance
with Section 13550.
(b) If a person is convicted of a violation of Section 23153, and
the act or neglect proximately causes great bodily injury, as defined
in Section 12022.7 of the Penal Code, to any person other than the
driver, and the offense occurred within 10 years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, that resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor more than five thousand dollars
($5,000). The person's privilege to operate a motor vehicle shall be
revoked by the Department of Motor Vehicles pursuant to paragraph (8)
of subdivision (a) of Section 13352. The court shall require the
person to surrender the driver's license to the court in accordance
with Section 13550.
(c) If a person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within 10 years of
four or more separate violations of Section 23103, as specified in
Section 23103.5, or Section 23152 or 23153, or any combination of
these violations, that resulted in convictions, that person shall, in
addition and consecutive to the sentences imposed under subdivision
(b), be punished by an additional term of imprisonment in the state
prison for three years.
The enhancement allegation provided in this subdivision shall be
pleaded and proved as provided by law.
(d) A person convicted of Section 23153 punishable under this
section shall be designated as a habitual traffic offender for a
period of three years, subsequent to the conviction. The person shall
be advised of this designation pursuant to subdivision (b) of
Section 13350.
(e) A person confined in state prison under this section shall be
ordered by the court to participate in an alcohol or drug program, or
both, that is available at the prison during the person's
confinement. Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph
(8) of subdivision (a) of Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
SEC. 8. Section 23568 of the Vehicle Code is amended to read:
23568. (a) If the court grants probation to a person punished
under Section 23566, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as conditions of probation that the person be confined
in the county jail for at least one year, that the person pay a fine
of at least three hundred ninety dollars ($390) but not more than
five thousand dollars ($5,000), and that the person make restitution
or reparation pursuant to Section 1203.1 of the Penal Code. The
person's privilege to operate a motor vehicle shall be revoked by the
department under paragraph (8) of subdivision (a) of Section 13352.
The court shall require the person to surrender the driver's license
to the court in accordance with Section 13550.
(b) In addition to Section 23600 and subdivision (a), if the court
grants probation to a person punished under Section 23566, the court
shall impose as a condition of probation that the person enroll in
and complete, subsequent to the date of the underlying violation and
in a manner satisfactory to the court, an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as designated by the court. The
person shall complete the entire program subsequent to, and shall not
be given any credit for program activities completed prior to, the
date of the current violation. In lieu of the minimum term of
imprisonment in subdivision (a), the court shall impose as a minimum
condition of probation under this subdivision that the person be
confined in the county jail for at least 30 days but not more than
one year. Except as provided in this subdivision, if the court grants
probation under this section, the court shall order the treatment
prescribed by this subdivision, whether or not the person has
previously completed a treatment program pursuant to subdivision (b)
of Section 23542 or paragraph (4) of subdivision (b) of Section
23562. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code. No condition of probation required pursuant
to this subdivision is a basis for reducing any other probation
requirement in this section or Section 23600 or for avoiding the
mandatory license revocation provisions of paragraph (8) of
subdivision (a) of Section 13352.
(c) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
SEC. 9. This act shall become operative on July 1, 2010.

Special thanks to prominent san francisco dui lawyer Josh Dale.

Joshua Dale is a successful DUI Defense and Criminal Defense attorney in the San Francisco Bay Area - Joshua Dale manages the California DUI Lawyers Association members as he is the Executive Director and officer in the bar association - he has more successful experience and qualifications than most dui attorneys in the San Francisco bay area - over a 15 years in bay area DUI defense, and years working as a cop before that.

He has been to jury trial, on appeal, and fights for his clients constantly. Whether you have a drunk driving or drug driving matter, felony or misdemeanor, give Josh Dale a call for an opinion on your case.

Friday, June 18, 2010

DUI Checkpoint Alert for Southern California and San Diego - Urgent News Release

California DUI lawyers warn of drunk driving checkpoints at the following San Diego and Southern California locations this weekend:

California drunk driving checkpoint on Saturday, June 19, 2010, from 6:00 PM to 12:00 AM in the City of Escondido, San Diego County. Location not disclosed.

California DUI/Driver License checkpoints on Saturday, June 19 and Sunday, June 20, 2010, from 6:00 PM to 2:00 AM within the City of La Mesa. The checkpoints will be on Grossmont Boulevard and Massachusetts Avenue, La Mesa.

Other Southern California DUI checkpoints are in Moreno Vally, Lake Elsinore, Twentynine Palms, and Costa Mesa, exact locations not provided at the time of this urgent twit.

For more California DUI attorney warnings of checkpoints, regularly visit updates at this critical drunk driving lawyer's checkpoint website.

See all the common and current DUI Sobriety checkpoints in San Diego and Southern California as they are reported. Please send in drunk driving checkpoints that you see and we will post them. Sponsored by local San Diego DUI Lawyer: Rick Mueller - rick@sandiegodui.com

Thursday, June 17, 2010

Updated DUI Checkpoint Alert for Southern California - Saturday June 19, 2010 News Flash - avoid drunk driving checkpoints in California per attorney

How you can you avoid a DUI checkpoint in Southern California? Start here at this twit by watching this updated California drunk driving criminal defense attorney roadblock map & California DUI lawyer blog. There's a new DUI checkpoint on June 19, 2010, this coming Saturday. Find out where it is by clicking here.

Common DUI Checkpoints in San Diego and Southern California


Costa Mesa DUI Checkpoint.
Saturday, June 19, 2010, from 6:00 p.m. to 11:00

Coachella Checkpoint
Friday, 06/4/10, between the hours of 7:00 PM to 2:00 AM. Police have not yet disclosed exact location.
Friday, 06/4/10, between the hours of 7:00 PM to 2:00 AM.

Police have not yet disclosed exact location.


Escondido Checkpoint
Friday night, June 4, 2010, from 6:00 PM until 1:00 AM Police have not disclosed exact location.
Friday night, June 4, 2010, from 6:00 PM until 1:00 AM

Police have not disclosed exact location.

Menifee Checkpoint
Saturday, June 5, 2010 from 6:00 PM until 2:00 AM Police have not disclosed exact location.
Saturday, June 5, 2010 from 6:00 PM until 2:00 AM

Police have not disclosed exact location.

Moreno Valley Checkpoint
A checkpoint was held on June 3rd, 2010 in an undisclosed location.
A checkpoint was held on June 3rd, 2010 in an undisclosed location.

Lake Elsinore DUI Checkpoint
Friday June 18, 2010 Undisclosed Location and Time within the City of Lake Elsinore
Friday June 18, 2010

Undisclosed Location and Time within the City of Lake Elsinore

Common DUI Checkpoint
Police were stationed between MacKinnon Rd and Windsor/Bonita on Memorial Day, 2010.
Police were stationed between MacKinnon Rd and Windsor/Bonita on Memorial Day, 2010.

Redlands DUI Checkpoint
The Redlands Police Department will conduct a sobriety and driver’s license checkpoint beginning at 10:30 p.m. Friday June 4, until 3 a.m. Saturday in the southbound lane of Ford Street just south of ...
The Redlands Police Department will conduct a sobriety and driver’s license checkpoint beginning at 10:30 p.m. Friday June 4, until 3 a.m. Saturday in the southbound lane of Ford Street just south of South Avenue.

DUI Checkpoint June 4th
June 4th - undisclosed location in Escondido
June 4th - undisclosed location in Escondido

DUI Checkpoint June 4th
June 4th, 2010 between 7:30 p.m. and 2:30 a.m. The check point will be conducted at 9th Street and Palm Avenue.
June 4th, 2010 between 7:30 p.m. and 2:30 a.m. The check point will be conducted at 9th Street and Palm Avenue.

Laurel Canyon Blvd Checkpoint June 4th
Laurel Canyon Boulevard between Carpenter Avenue and Ventura Boulevard Studio City, California. June 4, 2010 8 p.m. – 3 a.m.
Laurel Canyon Boulevard between Carpenter Avenue and Ventura Boulevard Studio City, California. June 4, 2010 8 p.m. – 3 a.m.

Vista DUI Checkpoint, June 4th San Diego County
The San Diego Sheriff’s Department – Vista Station will be conducting a DUI/Drivers License checkpoint on the evening of June 4, 2010, at an undisclosed location in the City of Vista. Date of Occurren...
The San Diego Sheriff’s Department – Vista Station will be conducting a DUI/Drivers License checkpoint on the evening of June 4, 2010, at an undisclosed location in the City of Vista.

Date of Occurrence: 6/4/2010
Time of Occurrence: Evening
Location of Incident: City of Vista
San Diego Sheriff’s Department
Vista Station
PRESS RELEASE
FOR IMMEDIATE RELEASE: CONTACT:
June 3, 2010 Sgt. M. Petrofsky
760-940-4556

Friday, June 11, 2010 Galeta DUI Checkpoint
http://www.edhat.com/site/tidbit.cfm?nid=32881
http://www.edhat.com/site/tidbit.cfm?nid=32881

Thursday June 10 Poway DUI Checkpoint at
Poway Drunk Driving Checkpoint 13300 block of Twin Peaks Road.
Poway Drunk Driving Checkpoint 13300 block of Twin Peaks Road.

Norco DUI checkpoint set for Saturday

Lemon Grove DUI Checkpoint
June 11, 2010 Undisclosed Location San Diego County DUI/Drunk Driving Checkpoint in Lemon Grove
June 11, 2010
Undisclosed Location
San Diego County DUI/Drunk Driving Checkpoint in Lemon Grove

Cypress Orange County DUI Checkpoint
June 12, 2010 Katella near Cara
June 12, 2010
Katella near Cara

Indian Wells DUI Checkpoint
Saturday June 12th, from 7:00 PM to 2:00 AM, in the City of Indian Wells
Saturday June 12th, from 7:00 PM to 2:00 AM, in the City of Indian Wells

Redlands DUI Checkpoint
10:30 p.m. Saturday June 12 until 3 a.m., Sunday in the eastbound lane of Lugonia Avenue, between Dearborn Street and Wabash Avenue.
10:30 p.m. Saturday June 12 until 3 a.m., Sunday in the eastbound lane of Lugonia Avenue, between Dearborn Street and Wabash Avenue.

LA DUI Checkpoint
West Slauson Avenue between Buckler Avenue and Edgemar Avenue, Los Angeles, California, Friday, June 11, 2010
West Slauson Avenue between Buckler Avenue and Edgemar Avenue, Los Angeles, California, Friday, June 11, 2010

Santa Monica DUI Checkpoint
1300 block of Ocean Ave. Friday, June 11, 2010
1300 block of Ocean Ave.
Friday, June 11, 2010

Hollywood DUI Checkpoint
Saturday, June 12, 2010 7 p.m. – 3 a.m. Hollywood Boulevard at Gower Street Hollywood
Saturday, June 12, 2010 7 p.m. – 3 a.m.
Hollywood Boulevard at Gower Street Hollywood

Victorville DUI Checkpoint
Friday June 11 2010, starting at 6:30 p.m., in the City of Victorville, location undisclosed
Friday June 11 2010, starting at 6:30 p.m., in the City of Victorville, location undisclosed

Wednesday, June 16, 2010

California DUI criminal defense attorneys : "American Pie" actor Chris Klein popped for DUI

California DUI criminal defense attorneys just learned that "American Pie" actor Chris Klein has been arrested for allegedly being DUI or drunk driving in Los Angeles County. He was stopped in the San Fernando Valley after California DUI officers spotted him weaving across lanes on the westbound Hollywood Freeway. Because he was booked for California DUI at the Lost Angeles Police Department's Van Nuys station, and not the main Los Angeles County Jail, he was soon let go on his OR.

A second California DUI conviction carries 96 hours to 1 year in jail. Also attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license.

His first DUI was five years ago in San Diego County court. His California DUI criminal defense lawyer was unavailable for comment.

Tuesday, June 15, 2010

Duress or Necessity in California DUI cases - The Elements

Duress is available in California DUI or drunk driving cases according to the decision in People v. Pena (1983) 149 Cal.App.3d Supp. 14. However, Pena's interchangeable use of the terms duress and necessity were clearly incorrect. (People v. Heath (1989) Cal.App.3d 892).

In California DUI / drunk driving cases, a criminal defense attorney can ask for the jury instruction if there is sufficient evidence to support the two duress defense elements:

1. A reasonable person would have feared an immediate threat to his own life, and;
2. The California DUI defendant in fact had that fear.

Penal Code Section 26(7); CALJIC 4.40 or CALCRIM 3402.

The California DUI or drunk driving necessity defense is not codified in California like the duress defense, but it has six elements, all incorrectly referred to in Pena as justification or duress.

CALCRIM 3403 States:

In order to establish this defense, the defendant's California DUI criminal defense lawyer must prove that:

1. He acted in an emergency to prevent a significant bodily harm or evil to himself or somebody else;
2. He had no adequate legal alternative;
3. The defendant's acts did not create a greater danger than the one avoided;
4. When the defendant acted, he actually believed that the act was necessary to prevent the threatened harm or evil;
5. A reasonable person would also have believed that the act was necessary under the circumstances;
6. The defendant did not substantially contribute to the emergency.

The California DUI criminal defense attorney's client has the burden of proving this defense by a preponderance of the evidence. This is a different standard of proof than proof beyond a reasonable doubt. To meet the burden of proof by a preponderance of the evidence, the California DUI defendant 's criminal defense lawyer must prove that it is more likely than not that each of the six listed items is true.