Vehicle Code Crimes

Vehicle Codes Crimes

The California Vehicle Code (CVC) consists of a set of laws that oversee the ownership, registration, and operation of motor vehicles in the Golden State. The CVC covers everything from basic traffic rules, vehicle registration, as well as criminal acts involving motor vehicles.

‍

California Vehicle Code criminal penalties vary depending on the offense and the circumstances, but commonly they include fines, points on the driving record, and increased insurance rates. More serious violations, such as reckless driving, DUI, or hit-and-run, may result in the suspension or revocation of a driver's license, vehicle impoundment, and even jail time. Offenders may also face probation, community service, or be required to attend traffic school to avoid accumulating points on their record.

‍

Importance for Drivers

Drivers are expected to know and follow the laws outlined in the CVC. Understanding the California Vehicle Code is important for all drivers in the state to stay compliant with traffic laws, avoid violations and potential penalties, as well as contribute to road safety. The CVC applies to those using the roads including motorists, bicyclists, and even people riding animals on public roadways. It regulates the activities of the California Department of Motor Vehicles and the California Highway Patrol and other law enforcement agencies.

‍

Vehicle Codes Crimes

Violations considered Infractions are non-criminal, and penalties usually consist of fines and points on a person's driving record. Misdemeanors or felonies, are criminal offenses and carry more severe penalties, such as license suspension, jail time, or probation.

‍

DUI Charges: Driving Under the Influence - Vehicle Code 23152

Driving Under the Influence (DUI) in California, as defined under Vehicle Code 23152 can be charged as either a misdemeanor or a felony, depending on the factors of the case. A DUI refers to operating a vehicle while impaired by alcohol, drugs, or both, with a blood alcohol content (BAC) of 0.08% or higher.  For drivers under 21, California enforces a "zero-tolerance" law, meaning that a blood alcohol concentration (BAC) of 0.01% or higher can lead to immediate license revocation and other penalties, even if the driver is not visibly impaired. For commercial drivers the legal (BAC) limit is set at 0.04% when driving a commercial vehicle, or a lyft or Uber driver, it is also limited to 0.04% when driving a driver for hire for Lyft or Uber.  

‍

For a first-time offense without aggravating factors, a DUI is typically charged as a misdemeanor, carrying penalties such as fines, license suspension, mandatory DUI education programs, and possible jail time. However, the offense can escalate to a felony if the driver causes injury or death, has multiple DUI convictions, or if aggravating factors like a high BAC or reckless driving are involved. A conviction for commercial drivers as per Vehicle Code § 23152(d) could lead to the suspension of a commercial driver’s license.

‍

Reckless Driving - Vehicle Code 23103

In California, reckless driving falls under Vehicle Code 23103 and is treated as a serious violation due to its potential to cause harm. Driving at excessive speeds, weaving in and out of traffic, or aggressively maneuvering in dangerous conditions are all forms of reckless driving that can lead to serious consequences, including substantial fines, points on your driving record, and up to 90 days in jail. In addition, a reckless driving conviction can lead to increased insurance rates and a possible suspension of your driver’s license. Depending on the circumstances, particularly if the reckless behavior causes injury, the charge can escalate to a more serious offense.  If the reckless driving charges involve street racing, the case may be filed as a felony due to the danger that others are put in due to that kind of driving.

‍

Hit-and-Run - Vehicle Code 20002 and 20001

In California, Hit-and-Run offenses are addressed under Vehicle Code 20002 and 20001. The level of charge depends on the circumstances. Under Vehicle Code 20002, a hit-and-run involving only property damage, such as hitting a parked car or damaging a fence, is classified as a misdemeanor. The penalties for this can result in fines, points on your driving record, restitution for damages, and potential jail time. However, if the hit-and-run involves injuries or fatalities, it falls under Vehicle Code 20001 and is treated as a felony.  A felony hit-and-run can lead to significantly harsher penalties, including substantial fines, lengthy prison sentences, and long-term consequences on your record. Regardless of the severity, California law requires that drivers involved in any accident stop immediately, provide identification, and offer aid if necessary, as failing to do so can escalate legal consequences dramatically.

‍

Driving on a Suspended or Revoked License - Vehicle Code §14601

 Driving on a suspended or revoked license falls under Vehicle Code §14601. If someone is caught driving while their license is suspended or revoked, they can face significant penalties, including fines, probation, and possible jail time depending on the reason for the suspension or revocation. Repeat offenses can lead to more serious consequences, like longer license suspensions, higher fines, and having the offense on the driver's permanent record. If the license is suspended due to a DUI conviction, a conviction of driving on a suspended driver’s license may include the installation of an Ignition Interlock Device (IID) on any vehicle the driver owns or has access to.

‍

Evading a Police Officer - Vehicle Code §2800.1

In California, evading a police officer is a serious offense under Vehicle Code §2800.1, Evading law enforcement, whether intentionally or due to a misunderstanding may lead to fines, probation, or even jail time if the situation escalates to a felony. However, the legal system recognizes that each case is different, and there may be opportunities to explain the circumstances. First-time offenders might be given leniency or alternative sentencing options, such as probation or community service, depending on the situation.  If the evading puts others at risk, the case will likely be filed as a felony.

‍

Defending Against Vehicle Code Violations

When facing criminal charges under California Vehicle Code violations, the role of a legal defense is vital in protecting the rights of the accused and ensuring they receive a fair trial. A knowledgeable attorney can devise a plan based on the circumstances of the case and challenge the evidence presented by the prosecution. In some cases, the legal defense team may focus on mitigating factors, such as proving the defendant was unaware their license was suspended or that they did not intentionally evade a police officer. Attorneys can also negotiate plea deals to reduce charges or minimize penalties, specially for first-time offenders or cases involving minor infractions. The goal of the legal defense team is to either achieve an acquittal or secure the most favorable outcome for the defendant.