Articles Posted in Traffic Violations

Speeding can result in heavy fines, but driving over 100 mph can lead to harsher penalties. A traffic citation alleging that you drove over 100 mph is crucial to fight in court because the penalties are so harsh and increase with each traffic conviction. If you have a traffic ticket which charges you with driving over 100 mph, please do not hesitate to contact our experienced Los Angeles and Orange County speeding ticket attorneys to help you fight the traffic charges.

California Vehicle Code 22348 states: “A person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.”

Drivers who are convicted of the traffic offense of driving over 100 mph face strict penalties:

In California, the Department of Motor Vehicles uses a “point system” to keep track of Californians’ driving records. Each driver starts out with a clean slate. Points are added whenever the driver receives a ticket or is arrested for a driving infraction. Although points can hurt anyone’s driving privileges, the stakes are higher for commercial drivers. In California, a commercial driver receives more points than the ordinary motorist for the same offense.

For motorists driving private vehicles, most infractions earn only one or two points. For instance, causing a traffic accident or running a red light is worth one point apiece. Driving under the influence of drugs or alcohol (DUI) is a two-point offense. The state can suspend or even revoke your driver’s license if you collect four points in a 12-month period, six points in a 24-month period, or eight points in a 36-month period.

California commercial drivers, however, receive one and a half points for every one-point offense and three points for every two-point offense. This means that traffic infractions by commercial drivers are more costly and commercial drivers who commit too many of them may have their licenses suspended or revoked much more quickly than the average motorist who made the same mistakes.

You have probably heard it before, “Driving is a privilege, not a right.” The DMV can take your driver’s license even though you “need” to get to work or school. The government, through the California DMV, monitors drivers by using points in the Negligent Operator Point System. You have probably heard the phrase “points on your license” a number of times, but have you ever really thought about what it means?

Points are a way to monitor drivers who consistently get traffic citations. Ultimately, getting points on your license can lead to having your California driver license taken away. Points can be put on your driver license for a number of different reasons. The points you receive on your driver license for minor offenses generally remain for three years. The criminal record and notations you acquire from misdemeanor convictions, such as DUI, stay on your license for ten years. Here is a brief synopsis of the Negligent Operator System and what you need to know.

Actions that result in points on your license:

  • One Point – Radar or Lidar speeding tickets, an unsafe lane change, running a red light or a red light photo ticket, and being at fault for an accident will result in a point on your license.
  • One and one half point if you are a commercial driver.
  • Two Points – If you are involved in a hit-and-run, DUI, you drive on a restricted or suspended license or if you are convicted for reckless driving, you will receive two points on your California driver license.

The number of points you receive over a period of time determines if you are considered a negligent driver. You are considered negligent if you have:

  • Four points in one year
  • Six points in two years
  • Eight points in three years

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Tawney Kitaen, actress and ex-wife of Anaheim Angels pitcher Chuck Finley, was arrested for drunk driving in Newport Beach; according to The Orange County Register. Kitaen may have been under the influence of alcohol, prescription drugs or both, Newport Beach police said. She was apparently arrested for DUI near John Wayne Airport after she was involved in a traffic collision. However, there were no injuries or damages to either vehicle.

Driving under the influence is a serious violation of California law. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” The law also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a motor vehicle. Driving under the influence of drugs – whether they are recreational or prescription drugs – is also illegal.
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A 27-year-old man was arrested for driving under the influence of alcohol after he reportedly lost control of his pickup truck and crashed into a building in Long Beach. According to this news article, the man was not seriously injured and no one else was hurt in the drunk driving crash. The man was reportedly driving toward the 710 Freeway when he lost control of his Toyota Tacoma pickup truck and hit the east wall of a recreation center. The building sustained moderate damage. The driver was booked for DUI and driving on a suspended license.

It is illegal under the California Vehicle Code to operate a motor vehicle under the influence of alcohol and/or drugs:

23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
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A 37-year-old Orange County man has been arrested for felony driving under the influence and vehicular manslaughter in connection with death of his passenger in a July 26 traffic accident. According to this news report in The Orange County Register, the defendant was driving an SUV on a Santa Ana street when he lost control and struck a tree. The SUV rolled over and the passenger was ejected and sustained fatal injuries.

Driving under the influence – whether it’s alcohol, recreational drugs or prescription drugs — is a serious crime in California especially when it involves a serious injury or fatality. A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”
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The California DUI law firm Takakjian & Sitkoff is pleased to announce the launching of its new drunk driving defense website, which provides valuable information regarding DUI-related offenses in California and the legal matters surrounding them. Considering that DUI laws in California are some of the most strict and complicated, the site, www.californiadrunkdrivingdefense-lawyers.com/, provides resources and particulars regarding DUI penalties, underage DUI, field sobriety tests, vehicular manslaughter, and much more.

The attorneys at Takakjian & Sitkoff have acquired a broad range of skill and knowledge in drunk driving defense and hope to help educate and warn the public about how the consequences of a DUI conviction vary depending on the circumstances of a particular incident. In order to be arrested for driving with an alleged blood alcohol level of .08% or above, law enforcement must conduct specific tests that can sometimes be faulty due to defective equipment or improper execution. The complexities of these tests are also explained on the site to help drivers understand what they may confront if pulled over for being suspected of driving under the influence.
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A 27-year-old Pomona man is facing drunk driving and several other criminal charges in Orange County after police say he hit two parked cars, struck another vehicle and robbed a cell phone from a passer-by in Fullerton. According to a news report, Fullerton police officers arrested the man for robbery, DUI, hit-and-run and driving with a suspended license.

All these charges are extremely serious and could have disastrous legal consequences including jail time, hefty financial penalties and costly legal fees. Driving under the influence is a crime in California. It is illegal to drive with a blood alcohol content of 0.08 percent or more. It is also a serious violation of the California Vehicle Code section 20002 to leave the scene of an accident; you are required to stop even if the accident only involves property damage and exchange identification and information with the other parties involved.
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A 20-year-old man was arrested for murder, hit-and-run and driving under the influence after an accident in the Angeles National Forest where he allegedly crashed his car into a group of bicyclists. According to this news report, a 43-year-old bicyclist was killed and two others were hospitalized with serious injuries.

A Los Angeles drunk driving offense can be either a misdemeanor or a felony. In cases where there is serious injury or death and the driver is suspected of being under the influence, he or she could be charged with manslaughter or murder in addition to felony drunk driving. Obviously, these are extremely serious charges that present serious consequences including lengthy jail or prison time, hefty fines and suspension or revocation of driver’s license. A murder or manslaughter conviction could have long-lasting consequences.
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A driving under the influence charge against Los Angeles Clippers forward, Zach Randolph, has been dismissed and reduced to one charge of reckless driving, the Associated Press reports in a story. Randolph was arrested and booked on suspicion of DUI on April 6 and was even suspended for two games because of the incident. The arrest occurred when Randolph was pulled over by two California Highway Patrol officers who reportedly saw his white Rolls-Royce weaving on the 405 Freeway. Officials said the CHP officers could smell alcohol inside the car and conducted a field sobriety test. Randolph was then arrested and charged with the DUI. Randolph has pleaded not guilty on the reckless driving count.

Driving under the influence in Los Angeles
and reckless driving are both serious charges. In California, it is a crime to operate a motor vehicle under the influence of alcohol, drugs or a combination of both. It is also illegal to drive with a blood alcohol level of 0.08 percent or more. Arresting law enforcement officers use various tools to determine whether a motorist is driving under the influence. Breath tests and field sobriety tests are the most common tools authorities use to gauge a driver’s level of intoxication.

However, as DUI defense attorneys, we have seen that neither breathalyzer tests nor field sobriety tests are a good way to determine whether or not a driver is intoxicated. Both methods have a wide margin of error, which is probably why the DUI charge against Randolph was dismissed. If you have been arrested on suspicion of DUI, you need a knowledgeable and experienced Los Angeles drunk driving defense attorney who can thoroughly investigate and prove your case. If you or a loved one has been charged with drunk driving in Orange, Los Angeles or Ventura counties, please call Takakjian & Sitkoff at 866-299-4111 for a free consultation today.

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