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 This bill would repealed the authority of a district attorney to attempt to try the minor as an adult in the latter of these two cases, unless the minor was not apprehended prior to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 casesrecognizing 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.
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.
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].)
For an opposing position see this 2015 Law Review article.
Obtaining a License after a DUI Conviction
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), and submit proof of current financial responsibility (an SR-22 form.) …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.
 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.
 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:
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:
Yes. If you want to read the law, see the text here.
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