​Prior the passage of Senate Bill 1391, the Public Safety and Rehabilitation Act of 2016, which was enacted by Proposition 57, allowed the district attorney to make a motion try a minor in the adult criminal court (1) if  the minor is alleged to have committed a felony when he or she was 16 years of age or older, or (2) in a case in which a serious offense is alleged to have been committed by a minor when he or she was 14 or 15 years of age.  This bill would repealed the authority of a district attorney to attempt to try the minor as an adult  in the latter of these two cases, unless the minor was not apprehended prior to minor’s 18thbirthday.
 
In the 1960s, the Arnold-Kennick Juvenile Court Act established 16 as the minimum age for which a minor could be transferred from juvenile court to adult criminal court. Over 30 years later, the law changed, lowering the age at which a minor could be transferred to adult criminal court from 16 to 14 years of age, in large part due to concerns of increasing crimes of violence being committed by teens. In 2000, once again citing public safety concerns, legislators passed Proposition 21, increasing sentences for specified gang-related crimes, authorizing a prosecutor to file charges against a juvenile offender directly in criminal court for specified felonies, prohibiting the sealing of juvenile records involving Welfare and Institutions Code section 707(b) offenses, and designating additional crimes as violent and serious felonies.
 
However, over the last several years there have been a series of U.S. Supreme Court cases[1]recognizing the inherent difference between juveniles and adults for purposes of sentencing.  These cases have relied on research on brain and adolescent development which suggests that juveniles have diminished culpability and greater prospects for reform.  The Supreme Court held that they have a “ ‘lack of maturity and an underdeveloped sense of responsibility,’ ” leading to recklessness, impulsivity, and heedless risk-taking,. Further, they “are more vulnerable . . . to negative influences and outside pressures,” including from their family and peers; they have limited “contro[l] over their own environment” and lack the ability to extricate themselves from horrific, crime-producing settings.[2]
 
So how does the system work in these cases? After the DA’s office makes the decision that they feel the minor should be tried as an adult, the DA is required to make a motion to have the case moved from juvenile court system to the adult criminal justice system. From there, it is ultimately the court’s (the judge’s) decision whether or not to allow the transfer.  In reaching that decision, the judge is required to consider certain factors.  
 
First, the degree of criminal sophistication exhibited by the minor.  This factor tends to hinge on the minor’s age. maturity, intellectual capacity, physical, mental and emotional health at the time he committed the crime, the minor’s impetuosity or failure to appreciate the consequences of his actions, the effects of the minor’s family environment, and whether there had been any sort of childhood trauma. Second, the circumstances and gravity of the offense. Third, whether the minor can be rehabilitated prior to the minor’s 18thbirthday, and previous attempts by the juvenile court to rehabilitate the minor.  And fourth, the minor’s prior criminal history.
 
While the passage of the bill was widely celebrated throughout the state, it was not without it’s critics who that some crime are so horrific that this change in the law does not respect victims and coddles teens who are the types of offenders who will never be reformed. 


[1]The main cases include:  Roper v. Simmons (2005) 543 U.S. 551 [125 S.Ct. 1138, 161 L.Ed. 2d]; Graham v. Florida (2010) 560 U.S. 48 [130 S.Ct. 2011, 176 L.Ed. 825]; J.D.B. v. North Carolina (2011) 564 U.S. 261 [131 S. Ct. 2394, 180 L.Ed. 310 ]; Miller v. Alabama (2012) 567 U.S. 460 [132 S.Ct. 2455, 183 L.Ed. 2d 407].)

[2]For an opposing position see this 2015 Law Review article. 
 

​As you would expect, suffering a DUI conviction results in a myriad of punishments. Despite having to pay fines and fees in the neighborhood of $2,000-2,500 and do some mandatory jail time, for those of us here in CA who are dependent on our cars to get around, carry out our daily tasks, get to work, go to medical or dental appointments, and visit family, perhaps the harshest penalty is the mandatory suspension of our driver’s license. For a driver who suffers a standard first DUI, the DMV will suspend his or her driver’s license for 4 months. A standard second offense within 10 years will cause that same driver to lose his or her license for two years, and that driver  will be without a license for 3 years for a third offense. These penalties get harsher if the driver refused to take a breath or blood test after the arrest or was under 21 at the time of arrest.
 
However, California allows a person who has been convicted of a DUI to applyfor a restricted license, allowing them to drive (1) to and from their worksite, and driving they need to do for work, (2) a dependent child to school, (3) to necessary medical appointments, and (4) to any alcohol-education or self-help classes. A driver (in most DUIs) is allowed to apply for a restricted license after 30 days if convicted of a first offense DUI, 90 days if convicted of a second offense DUI, or 180 days if convicted of a third offense DUI. As part of the application the driver must also submit proof of enrollment in an appropriate Driving and Driving Education Program (DDP)[1], and submit proof of current financial responsibility (an SR-22 form.[2]) …And, of course, the DMV will charge a license re-issuance fee of $125. 
 
Once both the DMV-ordered and court-order suspension period has elapsed, a driver is eligible to apply for their full driving privilege back. To have a full license reinstated, the driver will need to show proof ofcompletion of the DDP class and, once again, pay a $125 reissuance fee. 
 
As the application for both of these licenses requires a driver to personally appear at a DMV office, and DMV waiting times have become exceedingly long, it is strongly suggested that drivers schedule their appointments as early on in the process as possible. 
 
Obtaining a restricted license if a complicated legal process. Obtaining an experienced attorney to guide you and ensure all your documentation is in order will ensure your driving privileges are reinstated as quickly as possible after a DUI conviction. 
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[1]  The length of the DDP program is dependent on the facts of the case. One common factor that determines the length of the program is the level of your Blood Alcohol Content (BAC). In California, these programs typically run for 3, 6, or 9 months. A second or third offense will require a driver to complete an 18-month class. 
 

[2] You can obtain an SR-22 from your current insurance carrier (if they do not cancel on you) or from a different insurance company (if you were dropped). Obtaining an SR-22 can be costly as the DUI conviction is strong evidence to the insurance carrier that you are a high-risk driver. Generally, you must maintain an SR-22 on file with the DMV for about 3 years, however, it can vary case by case.

So you got a DUI and now need to install an ignition interlock device (IID) in your car.  Here's everything you need to know:

On which cars do I need to install an IID?   
An IID needs to be installed on any car you drive or have registered to you.  If
a family member often drives a car registered to you, it may be advisable to go down to the DMV and have the title transferred to that family member so that your loved ones do not need to bear the burden of having to use an IID as well.  When the transfer is interfamily, the transfer fees can be low. 

How do I find an IID provider?  
These programs are recognized by the state:

• Lifesafer Interlock 
• Guardian Interlock
• Intoxalock Ignition Interlock 
• Low Cost Interlock
• Smart Start Interlock 
• Ignition Interlock Service Center 
• Drive Right 

How much is this going to cost?  
Costs vary by provider.  That said, installation costs usually run between $75 and $100+, (the cost can be affected by the type of car you drive; as you could expect, it's a lot easier to add technology to some cars than it is to others,) and then there are monthly monitoring fees which run anywhere from $50-100 per month.  Overall, the costs usually come down to about $3-4 a day. 

How long do I need to have the IID in the car?  
Usually the length of the IID requirement is govern by the court orders, however, as of 2019, an IID will need to be installed in your vehicle for at least 6 months after a 1st offense DUI, 1 year after a 2nd offense, and 2 years after a 3rd offense. Keep in mind, however, that having an IID installed in your car may qualify you to get a restricted license from the DMV sooner. 

How embarrassing! Ways to disguise that IID:  
There are several products on the marker to help you disguise the IID installed in your car. Check out these sites: 

• For coffee junkies. 
  

• For soda junkies. 

Is this really the law on the subject?  
Yes. If you want to read the law, see the text here. 

One of the most common and, arguably, most dangerous criminal offenses is driving under the influence of drugs or alcohol. A DUI driver poses a risk not only to themselves, but to the general public as well. Because of the possible severe consequences of a DUI, California imposes severe punishments. Here’s a quick list of tipson what to do and what not to do if arrested for a DUI.
 
Don’t:

1. DO NOT: Drink and Drive. Obviously, it is the first one. There are several ride-sharing services available that can ensure your safety and the general publics as well. Know them. Download the apps onto your phone BEFORE you go out.  Make sure your payment information within those apps is up to date. 
2. DO NOT: Refuse chemical tests. Per California Implied Consent law, when a person obtains their driver’s license, they are agreeing to submit themselves to a chemical test in advance. Refusing a chemical test carries additional punishments, such as a 1 year license suspension, and negatively affects possible defenses for the case.
3. DO NOT: Lie. When you admit to drinking one beer (in most cases a lie) it provides an officer a pre-text to ask you Field Sobriety Questions. Officer’s commonly hear “I had one beer” and instinctively know that it is false. Officer’s will also catch inconstancies in your story. So, if you can, politely refuse to answer any questions. 
4. DO NOT: Argue with the officer. These circumstances can be crucial to a defense, as an aggravated driver will definitely not have their offense mitigated down, whereas a compliant driver might. 
5. DO NOT: Forget to tell the officer of any medical conditions you may be suffering from that could impair your performance on the Field Sobriety Tests, your ability to hear the officer, or your ability to comply with any of the officer’s directions.

 
DO’s

1. DO: Have all your paperwork ready prior to the officer arriving. 
2. DO: Refuse the Preliminary Alcohol Screening Test (PAS). You are not legally required to consent to this test, so if offered, you are legally allowed to refuse to provide a breath sample. However, a breath or blood test, once you have been arrestedcannot be legally declined.
3. DO: Be polite. All facts regarding the situation are vital to potential defenses.
4. DO: Have your vehicle properly maintained. Although swerving is a common pretext for an enforcement stop, an officer pull you over if he has probable cause to believe you have violated ANY law. Although you may be driving perfectly, having a broken tail light or expired registration could potentially be the pretext for an officer to initiate an enforcement stop. An officer does not know that a person is intoxicated untilthey make contact, so don’t give them a reason to contact you.
5. DO: Contact a lawyer. From the enforcement stop, to the jail booking, each fact of your situation is important. Defending against a DUI charge is a complicated process and a conviction can carry severe punishments. Ensuring you have an experienced attorney could be the difference between an acquittal and a conviction.

It is a common misconception to group assault and battery as one in the same even though they are typically charged jointly. The California Penal Code defines “assault” and “battery” differently, making them two distinct criminal acts that require their unique set of requirements. Assault is defined under California Penal Code Section 240, whereas battery is defined under section 242.

Assault is defined under Penal Code Section 240 as, “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Assault seeks to protect pure psychological injuries because every person has the right to be free from apprehension of a potential injury. What does this mean? As stated in Penal Code Section 240, assault is the unlawful attemptto commit an injury. This means that no actual injury is required, rather the simple attemptto commit the injury is sufficient. For example, shouting profanities at someone does not constitute assault, as mere words are not enough. They do not create a justified apprehension of harm. However, if the words are coupled with physical actions such as balling your fists, or grabbing for a bat, then it could be deemed sufficient. It is the justifiable fear that a person can create towards another from their actions that assault seeks to protect against. 

Battery, on the other hand, is taking an assault a step further. Penal Code section 242 defines “battery” as any willful and unlawful use of force or violence upon the person of another. Battery seeks to protect the bodily integrity of the person. Unlike assault, battery requires that physical contact be made. But what type of physical contact? Typically, this refers to person-to-person contact, such as punching or pushing. However, courts over the years have expanded the meaning of physical contact. The courts have even held that making physical contact with an item that the other is holding, if in close proximity, injures their bodily integrity. Here’s an example, A slaps a plate out of B’s hand. Although A did not make physical contact with B, the plate is considered part of B’s bodily integrity because he was holding it. Another way the courts have expanded the physical contact element is by considering an alleged victim’s particular personal preferences, but only if that preference has already been articulated to the would-be batterer.  An extreme example: B is afraid of being hugged. A, knowing of this, lunges at B to hug him. Although hugging is normally a socially acceptable act, B’s prior verbal communication of his sensitivity makes it unacceptable to him. If A hugs B, A had committed a crime.
 
As always, the intricacies of assault and battery charges depend on the facts. Make sure you find an experience lawyer to assist you, as both assault and battery carry severe penalties if convicted.

As the summer reaches its peak, many drivers are utilizing any available means to stay cool and out of the sun. One of the most common efforts in doing so involves window tinting. Window tinting is utilized for various different reasons, for example: added privacy, prevent damage to the interior of the vehicle, or—as tinting film can reflect incoming light and therefore reduce the glare and heat inside the car—to keep cool.  Although many Californians have their windows tinted, window tinting has always been heavily regulated by law enforcement and can be used a means for initiating a traffic stop. In fact, in 2015, the California Highway Patrol reported a total of nearly 2000,000 tickets issued to drivers for violating California window tint law between January 2015 and August 2017!

Vehicle Code §26708 generally prohibits drivers from placing any material that may reduce or obstruct their view through the windshield. (Ironically, it seems Californians are constantly encouraged to do the complete opposite. Parking permits are a great example. Whether instructed to be placed on the windshield or hung on the rear-view mirror, based on the language of the law, doing so could be construed as a violation.) Also, other regulations address the darkness and location of the tint. For example, despite there being no current limitations on the darkness of rear windows, the front side windows must allow more than 70% of light to pass through into the inside the car, and a car can only have non-reflective tint on the top four inches of the windshield.[1]  

Through the passage of AB  1303, California created a small but important exemption to the window shield tint and object placement prohibition; Californians who obtain a signed certificate by a dermatologist indicating the driver has a sensitivity to UV rays[2]can now tint their windshields. It is important to keep in mind, however, that those utilizing this exemption can still expect to have interactions with law enforcement stemming from their use of tint as officers can still use a perceived violation of the tinting laws as probable cause to initiate a traffic stop.  …And once an officer has probable cause to pull you over, his observations while conducting that routine traffic stop are all fair game.
 
So if you are one of the drivers for whom window tint is medically recommended, by all means take advantage of the new exemption created by AB 1303. But remember, this could potentially result in an increased likelihood of interactions with law enforcement so make sure your other documentation such as license, insurance, and registration are all up to date!
 ___________
[1]Also of note, (1) a driver is required to have dual side mirrors if the rear window of the car is tinted, and (2) a driver cannot use red, amber or blue tint on any window.
[2]For example if the driver has either Lupus or xeroderma pigmentosum

​The California legislature continues its pursuit towards safer roads and its never-ending battle against driving under the influence. Ride-sharing companies such as Uber and Lyft once seen as a tool to combat drunk driving, have lessened the frequency of such criminality, but the cost of a ride can still serve as a disincentive for drinkers to request a ride-share.
 
Prior to the passage of AB 711 this year, alcohol manufacturers were limited to whom they could offer discounted rides(event invite-only guests). However, California sought to change this. AB 711 seems like a win-win proposition that benefits both the manufacturers and the public. Manufacturers can use these rides as marketing tools while the drinking public benefits from free rides and the general public can rest assured that there are potentially less drunk drivers on the road. Manufacturers can now offer discounted–or even free–rides, which many of us would prefer over the typical fare the manufacturers usually try to bribe us with: koozie or bottle openers. From the potential rider’s consumer point, perhaps the best part about AB 711 is that these free or discounted rides cannot be conditioned on the purchase of the manufacturer’s goods.
 
Surprisingly, it took six yearsafter the introduction of companies like Uber and Lyft to the general public for this law to be implemented, allowing California to join the vast majority of states in which this type of “advertising under guise of drunk driving prevention” is legal. So why did it take CA so long to implement AB 711? After all, AB 711 on its face seems like a great idea, eliminating those high costs of the ride that can sometimes discourage a person from requesting a Lyft or Uber, andallowing businesses to advertise through the offering of discounted or complimentary rides. Perhaps the delay in enacting such a law was the result of the many critics who opposes bills such as this one. One critic, Reverend James Butler. the executive director of the California Council on Alcohol Problems, was public in his criticism, positing that “[i]f they get free transportation, maybe instead of two beers they have six.” Further, it’s feared by critics that free transportation incentivizes people to drink morethan they would normally drink. Alcohol Justice, a San Rafael-based nonprofit, opposed the bill as they believe it would promote the “overconsumption of alcohol” and “[i]f AB 711 is passed and signed into law it will negatively impact public health and safety and increase the potential of alcohol-related problems,” such as potentially increasing the occurrence of other offenses that typically involve alcohol such as fights, being drunk in public, incidents of domestic violence, or resisting arrest. 
 
So next time you are out in the town, check to see if the establishment you are in offers the services AB 711 seeks to provide, but if they don’t, make sure to request a ride from a sober driver, or one of the various ride services out there such as Uber, Lyft, or taxis. Remember that although that $20 ride may seem expensive at the time, it is nothing compared to the cost of litigating a DUI charge.