Driving is an exciting and convenient way to move from one place to the other. However, it might not always be fun because you are at risk of committing an offense every time you are on the road. The California Vehicle Code has different types of driving crimes you should be careful to commit within the state. You could commit one or more of these crimes willingly or unwillingly. The sad bit is that they could lead to grave penalties, including hefty fines and lengthy jail/prison terms. The severity of these penalties depends on the seriousness of the offense and your criminal record. 

If you face charges for a driving crime in Fresno, CA, it is advisable to find yourself a competent criminal attorney. With the right legal help, you could plan a strong defense against your charges to compel the jury to drop or reduce your charges. For more information and legal guidance, contact us at California Criminal Lawyer Group.

California Driving Crimes-Overview

If you are a driver in California, you are probably aware of the many rules and regulations you must adhere to while driving on the roads. California law is very particular about certain offenses road users must be careful not to commit, as they put other road users at risk. However, you may not be able to abide by these rules all the time, whether willingly or unwillingly. Thus, you could find yourself behind bars, facing severe criminal charges. It helps to be prepared to know what to do if you wish to avoid a severe conviction or a criminal record.

California Vehicle Code has covered a long list of vehicle crimes that you could commit while on the road. It helps to understand each of those crimes, know their legal implications, and your options if you face charges for one or more of them. Some of the most common driving offenses in California are discussed below.

California DUI Under VC 23152

DUI laws in California make it a crime for any motorist to operate a vehicle when under the effect of alcohol or drugs. DUI offenses in the state are either misdemeanors or felonies, based on the following:

  • The severity of the offense — A severe DUI offense would have resulted in injury or death.
  • Your criminal record — Consequences will be graver if there’s a prior DUI conviction in your criminal record.

DUI is severely punished in California because of the risk it puts on other motorists and road users.  A first DUI offense is a misdemeanor and could be punished by the following:

  • Misdemeanor probation for three to five years.
  • A court-ordered DUI program for between three and nine months.
  • A maximum fine of $1,000.
  • Possible suspension of your driver license for between six and ten months.
  • Jail term for a maximum of six months.

DUI is a priorable crime in California. Penalties upon conviction increase with the number of prior DUI-related convictions you have within ten years.

The law is a little bit lenient with first-offenders. Therefore, you could be sent on probation after conviction. You could also be allowed to install an IID system in your vehicle for four months to avoid having your driver’s license suspended for six months. However, the court might not be so lenient when you have one or more prior DUI convictions in your criminal record.

A second DUI offense happens when there’s a prior DUI conviction within ten years. It is also a misdemeanor and could attract these consequences:

  • Misdemeanor probation for a maximum of five years.
  • A maximum jail term of one year.
  • A maximum fine of $1,000.
  • A court-ordered DUI program for between 18 and 30 months.
  • Mandatory requirement to install an IID system in your vehicle for a year.
  • Two-year license suspension by the DMV.

A thyroid DUI in California, though still a misdemeanor, is considered a more severe offense than a first or second. Therefore, penalties upon conviction are likely to be stiffer. A third DUI happens when you have two prior DUI-related convictions in your record within ten years. The punishment you could get for a third-DUI conviction might include:

  • Misdemeanor probation for a maximum of five years.
  • A maximum of one year in jail.
  • A maximum fine of $1,000.
  • Mandatory installation of IID system for three years.
  • Suspension of your driver license for three years﹘ you might be allowed to apply for a restricted license after eighteen months of driving with an IID system in your vehicle.
  • Designation by the DMV as habitual traffic offender.

If a DUI resulted in physical injuries to third parties or property damage, it becomes a wobbler. The prosecutor can prosecute it as a felony or misdemeanor based on your criminal history and the facts of the case. As a misdemeanor, you are likely to receive the following punishment after conviction:

  • Misdemeanor probation for three to five years.
  • Jail time for a maximum of one year.
  • Mandatory enrollment to a court-ordered DUI program for a maximum of 30 months.
  • A maximum fine of $5,000.
  • Mandatory requirement to install an IID system for six months.
  • The need to pay restitution to the injured party/parties.

A felony DUI in California can occur due to various reasons, among them:

More Than Three Prior DUI Sentences Within Ten Years

A fourth or subsequent DUI in California is charged as a felony and could attract these penalties after conviction:

  • Sixteen months, two or three years of imprisonment.
  • Fines that could range from $390 to $1,000.
  • Mandatory requirement to install an IID system for at least one year.
  • Designation by the DMV as habitual traffic offender.

DUI With More Severe Injuries To Third Parties

If you cause an accident while operating under the influence and a third party incurs more serious physical injuries, you could face felony DUI charges. The offense is even more severe and could result in life in prison if the injured party loses their life. The penalties you are likely to receive for this include:

  • Sixteen months to ten years of prison time, plus additional sentences of up to six years, based on how many victims incurred injuries in the accident.
  • A maximum fine of $5,000.
  • The court could give you a strike according to California Three-Strike law.
  • Mandatory enrollment into a court-ordered DUI program for between eighteen and thirty months.
  • Designation as habitual traffic offender by the DMV.
  • A mandatory requirement to install an IID system in your vehicle or any other vehicle you use for two or three years.
  • The need to pay restitution to the injured party or their family.

Vehicular Manslaughter: California PC 192(c)

You commit vehicular manslaughter in California when you drive unlawfully and negligently, thereby causing another person to lose their life. Penalties for vehicular manslaughter depend on the degree of negligence you exhibited, whether you were intoxicated at the time, and your criminal history. Thus, vehicular manslaughter is a wobbler crime﹘the prosecutor can prosecute it as a misdemeanor or felony.

Here are the elements of the offense that the prosecutor must prove beyond  a reasonable doubt for the court to find you guilty under California PC 192(c):

  • While driving, you committed a traffic infraction, misdemeanor, or even a legal act in a manner that is likely to cause the death of another person.
  • Your behavior was a threat to human life based on the circumstances of the offense.
  • You acted the way you did with gross negligence ﹘ Gross negligence means that you acted recklessly in a way that put other people in danger of suffering great physical harm. Further, a reasonable person should have understood the risk in which actions like those would put other people.
  • Another person lost their life as a result of your behavior.

A misdemeanor charge for California vehicular manslaughter happens when you deliberately cause an accident to make an insurance claim fraudulently, and then another person dies in that accident. The prosecutor will have to provide proof that you acted with ordinary negligence. If a judge convicts you of a misdemeanor under this law, you are likely to receive the following punishment:

  • Misdemeanor probation.
  • Up to one year of jail term.
  • A maximum fine of $1,000.

If, on the other hand, you acted with gross negligence, you are likely to face a felony charge for vehicular manslaughter. The punishment for this would be:

  • Two, four, or six years of prison time.
  • A maximum fine of $10,000.

However, if you commit vehicular manslaughter to gain financially, you are likely to receive a harsher punishment that might include:

  • A maximum fine of $10,000.
  • Four, six, or ten years of prison time.
  • Revocation of your driver’s license for a minimum of three years.

Driving on a Suspended Licence — California VC 14601.1(a)

It is illegal for you to operate a vehicle using a suspended driver’s license knowingly in California. It is considered a serious traffic violation and is charged as a misdemeanor.

When a California court or the DMV suspends your driver’s license, it is because you acted in a way that could put the lives of other road users at risk. Some of the reasons why this could happen are:

  • You were knowingly driving under the effects of drugs or alcohol — In this case, drugs could include prescription drugs, marijuana, or any other illegal drug.
  • You got involved in an accident while driving without insurance.
  • You got involved in an accident and failed to report it.

The prosecutor has to prove the following elements of the offense for a criminal court to find you guilty of driving on a suspended permit:

  • That you drove a vehicle while a court or the DMV had revoked or suspended your driving privileges.
  • When you did so, you were aware that your driving privileges were revoked or suspended.

This offense requires you to have acted knowingly or intentionally. It could mean any of the following:

  • That you received a notice from the DMV through the mail, informing you that it had revoked your driving privileges.
  • That DMV sent the said notice through your most recent address.
  • That the notice was never returned to the DMV as unclaimed or undeliverable.

A violation under California VC 14601.1(a) is charged as a misdemeanor. The exact punishment you could receive after conviction under this law will depend on why your license was suspended in the first place. You could receive an additional penalty if you were driving on a suspended license and at the same time committed the following offenses:

  • Negligent, incompetent, or reckless driving, as under California VC 14601.
  • Driving under the effects of drugs or alcohol, as under California VC 14601.2.
  • Habitual traffic offender, as under California VC 14601.3.
  • You failed to submit to chemical testing, as under California VC 14601. 5.

Driving Without a Valid License — California VC 12500 (a)

California law makes it an offense for any motorist to drive a vehicle without a valid driver’s license. The law applies to everyone who drives on public roads and highways and uses public parking facilities, except for people exempted under this law.

The following people do not need a California driver’s license to drive in the state:

  • Government employees or officers who drive vehicles (except commercial vehicles) controlled or owned by the U.S government. The driver must strictly be on federal business.
  • Anyone driving any implement of husbandry like a tractor, but not on a public road.
  • Anyone crossing a public road with an off-highway vehicle.
  • Visitors aged 18 years or above and have a valid driver’s license from their state or country.
  • Non-residents aged 21 or more and are transporting hazardous material ﹘ They too should be holders of valid driver’s license from their state or country.
  • Nonresidents but holders of a valid diplomatic driver’s license for the type of vehicle they are driving.

Note that you can drive with an out-of-state driver’s license in California, provided you are an adult of at least 18 years, and the license you hold is valid for the type of vehicle you are driving.

For a California court to find you guilty under VC 12500(a), the prosecutor must prove the following elements beyond a reasonable doubt:

  • That you were driving on a public street, road, or highway at the time of the arrest.
  • During that time, you did not have a valid driver’s license with you or were legally required to obtain a driver’s license.

As stated above, a valid driver’s license, as used under this law, does not necessarily have to be one issued in California by the state’s DMV. a driver’s license is said to be valid if it meets all of the following criteria:

  • It is the valid and current license issued by a particular country or state.
  • It is for the specific vehicle you were driving, including a car, commercial truck, or motorcycle.
  • You are not required by law to obtain a state driver’s license.

The prosecutor can charge you with any of the following for driving without a valid license in California:

  • An infraction.
  • A misdemeanor.

As an infraction, the judge will only require you to pay a maximum fine of $250. However, a misdemeanor is more severe and could attract this punishment:

  • Misdemeanor probation for a maximum of three years.
  • A maximum of six months in jail.
  • A maximum fine of $1,000.
  • Possible revocation of your driver’s license if there’s a prior conviction for the same offense in your criminal record.

The prosecutor’s decision on whether to charge you with an infraction or misdemeanor will be based on your criminal history. A first offender can easily face an infraction as opposed to a severe criminal charge.

Reckless Driving ﹘  California VC 23103

You could face charges for reckless driving in California if you were found operating a vehicle with a wanton or willful disregard for the safety of people and property. Examples of reckless driving include driving at more incredible speeds in specific areas like school zones and street racing.

The following are the elements of this offense, which the prosecutor must prove beyond a reasonable doubt for the court to find you guilty:

  • That you drove your vehicle on a public road or highway.
  • That you did so with wanton or willful disregard for the safety of people and property.

A public road or highway is publicly maintained and open for public members for vehicular travel.

You could still face charges for reckless driving if you were found to be driving recklessly in an off-street parking lot. A parking space is open for use by members of the public. It could also be a publicly owned parking facility or a private facility open to retail customers in which no charges apply.

Note that driving recklessly in a privately-owned parking lot that is not open for members of the public may not be covered under this law.

You commit an offense with wanton or willful disregard for the safety of people or property when you do the following:

  • You are aware of the danger your actions pose to the people and property around you.
  • You intentionally ignore that risk.

Remember that you could still face charges for wanton disregard for people’s or property safety even if you did not intend to harm anyone or cause property damage.

Additionally, speeding is not a factor enough to prove that you were driving recklessly. The court will consider other factors before convicting you under VC 23103, for instance, the presence of other vehicles or people on the road at the time of the offense.

Reckless driving is generally a misdemeanor in California, attracting the following consequences:

  • A maximum of ninety days in jail.
  • A maximum fine of $1,000.

However, your punishment could become severe if the offense resulted in an injury.

Additionally, you’ll receive two points on your driver’s license from the DMV. You could have your driver’s license suspended by the DMV if you accumulate too many points. Consequently, your car insurance rates could increase.

If your actions resulted in a minor physical injury to another person, you’d still face a misdemeanor charge. However, the penalties will increase to the following:

  • A maximum of one year in jail.
  • A fine of up to $1,000.

But if the injury to the third party was severe, the offense becomes a wobbler﹘the prosecutor can prosecute it as a misdemeanor or felony. If you face  a felony charge for reckless driving, you could receive the following consequences:

  • A maximum of three years in prison.
  • A maximum fine of $10,000.

DMV could also impound your car.

Possible Legal Defenses for California Driving Crimes

Driving crimes in California are severely punished. The severity of your punishment will depend on your criminal history and the nature of the offense. It is always advisable to try hard to avoid a conviction. That is because a conviction comes with severe consequences, including criminal penalties and life-altering consequences.

You need to partner with an experienced criminal attorney if you face charges for a driving crime in Fresno today. Fortunately for you, several defense strategies are available that your attorney can use in your defense to compel the court to either drop or reduce your charges. The most common of these are:

You Were Not The Driver

Charges for driving crimes in California are leveled against drivers. Therefore, if you were not the driver when the offense occurred, the court cannot find you guilty.

Not Willingly

Most driving crimes require the offender to have acted willingly or intentionally. If that’s not the case, you might convince the court to either drop or reduce your charges.

No Negligence

Some driving crimes will require you to have acted with negligence. Your attorney can convince the court of the lack of negligence in your actions. If the defense is accepted, the court might drop or reduce your charges.

Find a Fresno Criminal Attorney Near Me

If you face charges for a driving crime in Fresno, CA, it helps to know that you can plan a solid defense to compel the court to either drop or reduce your charges. That could be possible with the help of a competent criminal attorney.  Your attorney will help gather sufficient evidence and plan a solid defense to produce a favorable outcome for your case. At California Criminal Lawyer Group, we have a competent team of criminal attorneys willing and ready to take over your case. Call us at  559-712-8377, and let us guide you through the legal process.