Monday, October 24, 2011

President of California DUI Lawyers Association Don Bartell behind DUI law for license restriction for second offenders who plead to wet reckless

California DUI Lawyer Specialist Donald Bartell defends drunk driving cases throughout California. A DUI criminal defense lawyer who owns a plane, he flies all over to win DUI cases from San Diego to the northern tip of California. As President of California DUI Lawyers Association, he was the pivotal DUI Attorney in this important DUI law bill allowing second offenders who plead to reckless driving to get a license restriction after just 90 days. It was signed October 9, 2011 by Governor Brown.

BILL NUMBER: AB 520

An act to amend Sections 12813, 13353.3, 13353.4, and 23575 of the
Vehicle Code, relating to vehicles.

AB 520, Ammiano. Vehicles: reckless driving: suspension of
licenses.
Existing law requires a person's driving privilege to be suspended
upon conviction of specified driving-under-the-influence (DUI)
offenses for one year. Existing law terminates the licensing
suspension if certain conditions are met, including if the person is
eligible to apply for a restricted license. Under existing law, a
person who drives a vehicle upon a highway in willful or wanton
disregard for the safety of a person or property is guilty of
reckless driving. Existing law provides that, when a person is
charged with, and pleads guilty or nolo contendere to, reckless
driving in satisfaction of, or as a substitute for, an original
charge for a DUI, and the court accepts the plea of guilty or nolo
contendere, the conviction is a prior offense for purposes of
specified laws relating to punishments imposed for DUI convictions.
This bill would terminate a driver's license suspension, and make
the person eligible for a restricted driver's license, for a person
convicted of reckless driving in satisfaction of, or substitute for,
an original charge of driving-under-the-influence, if certain
conditions are met, including that the person complete a 90-day
suspension period and install an ignition interlock device. The bill
would require the department to advise the person of the above
conditions. The bill would require that the restricted driver's
license privilege be subject to certain restrictions, including,
among other things, that upon receipt of notification from the
installer that a person has attempted to remove, bypass, or tamper
with the ignition interlock device, the privilege to operate a motor
vehicle shall immediately be suspended.
The bill would make other technical and conforming changes to
these provisions.


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

SECTION 1. Section 12813 of the Vehicle Code is amended to read:
12813. (a) The department may, upon issuing a driver's license or
after issuance whenever good cause appears, impose restrictions
suitable to the licensee's driving ability with respect to the type
of, or special mechanical control devices required on, a motor
vehicle which the licensee may operate or impose other restrictions
applicable to the licensee that the department may determine to be
appropriate to assure the safe operation of a motor vehicle by the
licensee.
(b) The department may issue either a special restricted license
or may set forth the restrictions upon the usual license form.
(c) The authority of the department to issue restricted licenses
under this section is subject to Sections 12812, 13352, 13353.3, and
13352.5.
SEC. 2. Section 13353.3 of the Vehicle Code is amended to read:
13353.3. (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
(1) If the person has not been convicted of a separate violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5
of the Penal Code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, which offense or
occurrence occurred within 10 years of the occasion in question, the
person's privilege to operate a motor vehicle shall be suspended for
four months.
(2) (A) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, the person has been
administratively determined to have refused chemical testing pursuant
to Section 13353 or 13353.1, or the person has been administratively
determined to have been driving with an excessive concentration of
alcohol pursuant to Section 13353.2 on a separate occasion, which
offense or occasion occurred within 10 years of the occasion in
question, the person's privilege to operate a motor vehicle shall be
suspended for one year, except as provided in subparagraphs (B) and
(C).
(B) The one-year suspension pursuant to subparagraph (A) shall
terminate if the person has been convicted of a violation arising out
of the same occurrence and all of the following conditions are met:
(i) The person is eligible for a restricted driver's license
pursuant to Section 13352.
(ii) The person installs an ignition interlock device as required
in Section 13352 for that restricted driver's license.
(iii) The person complies with all other applicable conditions of
Section 13352 for a restricted driver's license.
(C) The one-year suspension pursuant to subparagraph (A) shall
terminate after completion of a 90-day suspension period, and the
person shall be eligible for a restricted license if the person has
been convicted of a violation of Section 23103, as specified in
Section 23103.5, arising out of the same occurrence, has no more than
two prior alcohol-related convictions within 10 years, as specified
pursuant to subparagraph (A), and all of the following conditions are
met:
(i) The person satisfactorily provides, subsequent to the
underlying violation date, proof satisfactory to the department of
enrollment in a nine-month driving-under-the-influence program
licensed pursuant to Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code that consists
of at least 60 hours of program activities, including education,
group counseling, and individual interview sessions.
(ii) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
clause (i).
(iii) The person installs an ignition interlock device and submits
the "Verification of Installation" form described in paragraph (2)
of subdivision (h) of Section 13386.
(iv) The person agrees to maintain the ignition interlock device
as required pursuant to subdivision (g) of Section 23575.
(v) The person provides proof of financial responsibility, as
defined in Section 16430.
(vi) The person pays all license fees and any restriction fee
required by the department.
(vii) The person pays to the department a fee sufficient to cover
the costs of administration of this paragraph, as determined by the
department.
(D) The department shall advise those persons that are eligible
under subparagraph (C) that after completion of 90 days of the
suspension period, the person may apply to the department for a
restricted driver's license, subject to the conditions set forth in
subparagraph (C).
(E) The restricted driving privilege shall become effective when
the department receives all of the documents and fees required under
subparagraph (C) and remain in effect for at least the remaining
period of the original suspension and until the person provides
satisfactory proof to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. The restricted driving privilege
shall be subject to the following conditions:
(i) If the driving privilege is restricted under this section,
proof of financial responsibility, as described 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 pursuant to Section 16484 is received by the department.
(ii) For the purposes of this section, enrollment, participation,
and completion of an approved program shall be subsequent to the date
of the current violation. Credit may not be given to a program
activity completed prior to the date of the current violation.
(iii) The department shall terminate the restriction issued
pursuant to this section and shall suspend the privilege to operate a
motor vehicle pursuant to subparagraph (A) immediately upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
privilege shall remain suspended until the final day of the original
suspension imposed pursuant to subparagraph (A).
(iv) The department shall terminate the restriction issued
pursuant to this section and shall immediately suspend the privilege
to operate a motor vehicle pursuant to subparagraph (A) immediately
upon receipt of notification from the installer that a person has
attempted to remove, bypass, or tamper with the ignition interlock
device, has removed the device prior to the termination date of the
restriction, or fails three or more times to comply with any
requirement for the maintenance or calibration of the ignition
interlock device ordered pursuant to this section. The privilege
shall remain suspended for the remaining period of the original
suspension imposed pursuant to subparagraph (A).
(3) Notwithstanding any other law, if a person has been
administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to Section
13353.1, the period of suspension shall not be for less than one
year.
(c) 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.
(d) For the purposes of this section, a conviction of an offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a)
of Section 192.5 of the Penal Code, is a conviction of that
particular section of the Vehicle Code or Penal Code.
(e) 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 is not eligible for the
restricted driver's license authorized pursuant to this section.
SEC. 3. Section 13353.4 of the Vehicle Code is amended to read:
13353.4. (a) Except as provided in Section 13353.3, 13353.7, or
13353.8, the driving privilege shall not be restored, and a
restricted or hardship permit to operate a motor vehicle shall not be
issued, to a person during the suspension or revocation period
specified in Section 13353, 13353.1, or 13353.3.
(b) The privilege to operate a motor vehicle shall not be restored
after a suspension or revocation pursuant to Section 13352, 13353,
13353.1, or 13353.2 until all applicable fees, including the fees
prescribed in Section 14905, have been paid and the person gives
proof of financial responsibility, as defined in Section 16430, to
the department.
SEC. 4. Section 23575 of the Vehicle Code is amended to read:
23575. (a) (1) In addition to any other law, the court may
require that a person convicted of a first offense violation of
Section 23152 or 23153 install a certified ignition interlock device
on any vehicle that the person owns or operates and prohibit that
person from operating a motor vehicle unless that vehicle is equipped
with a functioning, certified ignition interlock device. The court
shall give heightened consideration to applying this sanction to a
first offense violator with 0.15 percent or more, by weight, of
alcohol in his or her blood at arrest, or with two or more prior
moving traffic violations, or to persons who refused the chemical
tests at arrest. If the court orders the ignition interlock device
restriction, the term shall be determined by the court for a period
not to exceed three years from the date of conviction. The court
shall notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department of
Motor Vehicles shall place the restriction in the person's records in
the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in accordance
with subdivision (a) of Section 1804. The Department of Motor
Vehicles shall place the restriction in the person's records in the
Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device. The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
(c) The court shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(d) A person whose driving privilege is restricted by the court
pursuant to this section shall arrange for each vehicle with an
ignition interlock device to be serviced by the installer at least
once every 60 days in order for the installer to recalibrate and
monitor the operation of the device. The installer shall notify the
court if the device is removed or indicates that the person has
attempted to remove, bypass, or tamper with the device, or if the
person fails three or more times to comply with a requirement for the
maintenance or calibration of the ignition interlock device. There
is no obligation for the installer to notify the court if the person
has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of an
ignition interlock device restriction ordered pursuant to
subdivision (a) or ( l ). If a person fails to comply with
the court order, the court shall give notice of the fact to the
department pursuant to Section 40509.1.
(f) (1) If a person is convicted of a violation of Section 23152
or 23153 and the offense occurred within 10 years of one or more
separate violations of Section 23152 or 23153 that resulted in a
conviction, or if a person is convicted of a violation of Section
23103, as specified in Section 23103.5, and is suspended for one year
under Section 13353.3, the person may apply to the Department of
Motor Vehicles for a restricted driver's license pursuant to Section
13352 or 13353.3 that prohibits the person from operating a motor
vehicle unless that vehicle is equipped with a functioning ignition
interlock device, certified pursuant to Section 13386. The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 or 13353.3 are met.
(2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 or 13353.3 and shall immediately suspend or revoke the
privilege to operate a motor vehicle of a person who attempts to
remove, bypass, or tamper with the device, who has the device removed
prior to the termination date of the restriction, or who fails three
or more times to comply with any requirement for the maintenance or
calibration of the ignition interlock device ordered pursuant to
Section 13352 or 13353.3. The privilege shall remain suspended or
revoked for the remaining period of the originating suspension or
revocation and until all reinstatement requirements in Section 13352
or 13353.3 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 or 13353.3
shall arrange for each vehicle with an ignition interlock device to
be serviced by the installer at least once every 60 days in order for
the installer to recalibrate the device and monitor the operation of
the device. The installer shall notify the Department of Motor
Vehicles if the device is removed or indicates that the person has
attempted to remove, bypass, or tamper with the device, or if the
person fails three or more times to comply with any requirement for
the maintenance or calibration of the ignition interlock device.
There is no obligation on the part of the installer to notify the
department or the court if the person has complied with all of the
requirements of this section.
(h) Nothing in this section permits a person to drive without a
valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
(j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on any vehicle owned by the defendant
that is not driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to whom
subdivision (a) or (b) does not apply. The term of the restriction
shall be determined by the court for a period not to exceed three
years from the date of conviction. The court shall notify the
Department of Motor Vehicles, as specified in subdivision (a) of
Section 1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor Vehicles
shall place the restriction in the person's records in the Department
of Motor Vehicles.
(m) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.

(n) For the purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity. For
purposes of this section, "operates" includes operating a vehicle
that is not owned by the person subject to this section.
(o) For the purposes of this section, "bypass" includes but is
not limited to, either of the following:
(1) A combination of failing or not taking the ignition interlock
device rolling retest three consecutive times.
(2) An incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the
vehicle's engine.

BILL TEXT

INTRODUCED BY Assembly Member Ammiano

FEBRUARY 15, 2011