Additional charges

AuthorPaul Burglin/Barry Simons/Ed Kuwatch
§2:11 General Information
§2:11.1 Read Fight Your Ticket
§2:11.2 Is a “Full Custodial Arrest” Legal?
§2:11.3 PC §654 and Multiple Prosecutions
§2:11.4 VC §§21001 and 24001: “Operation” of “Vehicles” Upon the “Highways”
§2:11.5 Distinctive Uniform and Vehicle
§2:11.6 Practice Tips for Fighting Traff‌ic Infractions
§2:11.7 Traff‌ic Violator School and Diversion, Including No-Point Dispositions
§2:11.8 County Amnesty Programs
§2:11.9 Notice to Appear, Arrest, Custody and Bail Schedules
§2:11.10 Local Ordinances
§2:11.11 Traff‌ic Signs and Other Traff‌ic Control Devices
§2:11.12 Federal Enclave Prosecution of Traff‌ic Offenses
§2:11.13 Prosecution on Citation Serving as the Complaint
§2:11.14 BAJI Instructions on Infraction Offenses
§2:11.15 Rules of Court and Standards of Judicial Administration
§2:11.16 DMV Negligent Operator Actions
§2:11.17 Fines for Traff‌ic Infractions
§2:11.18 Police Off‌icers as Prosecutors and Ex Parte Discussions
§2:11.19 Traff‌ic Court Judge Cannot Amend to Add Charges
§2:11.20 Elevating an Infraction to a Misdemeanor
§2:12 Speeding
§2:12.1 Complaint Must Allege Speed of Vehicle
§2:12.2 Basic Speed Law
§2:12.3 Prima Facie Speed Limits
§2:12.4 Maximum Speed Limits
§2:12.5 Radar Speed Law Enforcement
§2:12.6 Validity of Speed Limit Usually an Element of the Offense
§2:12.7 VC §23109: Speed Contest
§2:12.8 Driving Privilege Suspension for Speed Over 100 mph
§2:13 Speed Traps Generally; Remedies for Use
§2:13.1 Speed Trap Remedies for Charges Involving the Speed of a Vehicle
§2:13.2 Speed Trap Remedies Apply to Pretrial Hearings Too
§2:13.3 Speed Trap Limitations
§2:14 Measured-Section-of-Highway Speed Traps
§2:15 Radar and Lidar Speed Traps
§2:15.1 Photo Radar vs. Photo Red Light Enforcement
California Drunk Driving Law 2-2
§2:15.2 Radar and Lidar Speed Trap With Survey Five Years Old or Less
§2:15.3 Radar and Lidar Speed Traps Using Surveys Five to Ten Years Old
(January 1, 1999, Amendments to VC §40802)
§2:15.4 VC §40802 Applies to Unjustif‌ied Prima Facie Speed Limits
§2:15.5 VC §40802 Applies to Laser Speed Detection and Other Electronics
§2:15.6 Prosecution Has Burden of Producing Survey
§2:15.7 Survey Must Meet Evidentiary Objections
§2:15.8 Requirements for a Proper Survey
§2:15.9 What if Survey Shows Defendant’s Speed Unsafe?
§2:15.10 What if Defendant Exceeded the Maximum Speed Limit
in a Prima Facie Speed Zone?
§2:15.11 No Visual Estimates of Speed
§2:16 Lack of Insurance: Criminal Prosecution
§2:16.1 At Time of Vehicle Registration
§2:16.2 Criminal Offense for No Evidence of Insurance at
Time of Accident or Notice to Appear
§2:16.3 Exchange of Information Regarding Accident
§2:16.4 Driving Privilege Suspension Following Accident
§2:17 Motorcycle Violations
§2:17.1 O.K. to Use Car Pool Lanes
§2:17.2 Helmets
§2:18 Illegal U-Turn
§2:19 Stop Signs (What Does “At the Limit Line” Mean?)
§2:20 License Plate Offenses
§2:20.1 Rear License Plate Light
§2:20.2 Missing Front License Plate
§2:20.3 Stealth License Plates
§2:21 Seatbelt and Child Restraint Offenses
§2:22 Traff‌ic Signals—Red Lights
§2:22.1 The Statutes
§2:22.2 Automated Enforcement Systems—Red Lights and Rail Crossings
§2:23 Rail Crossings
§2:24 Stop and Yield Signs, Signaling and Left Turns
§2:25 Construction and Maintenance Areas
§2:25.1 Offense Enhancement
§2:25.2 Construction Equipment in Construction Area Exempt From Rules of the Road
§2:26 Tinted Windows
§2:27 Double Fine Zone Pilot Project
§2:28 Off-Highway Vehicles
§2:29 Use of Cell Phones and Other Electronic Devices While Driving
§2:31 Elements of the Suspension/Revocation Offenses
§2:31.1 VC §14601: Bad Driver Conviction
§2:31.2 VC §14601.1: Catch-All
§2:31.3 VC §14601.2: DUI Conviction
§2:31.4 VC §14601.3: Habitual Offender
§2:31.5 VC §14601.4: DUI/Manslaughter Conviction With At-Fault Injury Accident
§2:31.6 VC §14601.5: DMV Administrative Per Se (APS) Suspension,
Revocation and Restriction
§2:31.7 VC §14603: Non-DUI Conviction Restrictions
§2:31.8 VC §14604: Loaning a Vehicle to a Suspended, Revoked or Unlicensed Driver
§2:31.9 Driving On A Highway
§2:31.10 Extension of Suspension Start Date for Mailed Order
§2:31.11 Suspension/Revocation Reportable on Driver’s License Record
2-3 Additional Charges
§2:32 Service Of Suspension Order And Inference Of Knowledge Element
§2:33 Defenses
§2:33.1 Voluntary Intoxication
§2:33.2 Necessity, Medical Emergency
§2:33.3 License Suspended For Reason Other Than Offense Charged
§2:34 Restrictions and Exceptions Regarding Suspended Licenses
§2:34.1 Driving Outside Scope Of Restricted License
§2:34.2 Highway vs. Private Property
§2:34.3 Employer’s Property In Course Of Employment
§2:34.4 Lack of Insurance—Mental Exception and Work Restriction
§2:34.5 DMV’s Broad Authority to Issue Restricted Driver’s License
§2:34.6 Motorized Electric Bicycle
§2:35 Punishment
§2:35.1 Punishment Chart for Driving Under Suspension or Revocation
§2:35.2 Misdemeanor Offenses
§2:35.3 Mostly Two-Point Offenses
§2:35.4 Restitution
§2:35.5 VC §23592: Vehicle Impoundment in Criminal Proceeding
§2:41 Before January 1, 1995
§2:42 30-Day Impound Beginning January 1, 1995
§2:42.1 VC §14602.6: Statutory Provisions
§2:42.2 Release of Vehicle Without Current Registration
§2:42.3 Innocent Owners, Legal Owners and Rental Agencies
§2:42.4 Due Process Rights
§2:42.5 Knowledge of the Suspension
§2:42.6 Exemption for Child Support Suspension
§2:42.7 Eff‌icacy of Vehicle Impoundment Program as Deterrent
§2:43 Forfeiture Beginning January 1, 1995
§2:43.1 VC §14607.6: Statutory Provisions
§2:43.2 Release of Vehicle Without Current Registration
§2:43.3 Innocent Owner Defense
§2:43.4 Hearing Time Limits
§2:43.5 Due Process Rights
§2:43.6 Knowledge of the Suspension
§2:43.7 No Exemption for Child Support Suspension
§2:44 Post-Storage Hearing Due Process Rights
§2:44.1 Notice and Opportunity for Post-Storage Hearing
§2:44.2 Right to a Meaningful Post-Storage Hearing
§2:44.3 Remedies for Denial of Due Process
§2:44.4 Judicial Review Following Post-Storage Hearing
§2:45 CHP Vehicle Procedures Manual
§2:46 Innocent Owner Defense
§2:47 Release of Vehicle Without Current Registration
§2:48 Halper Double Punishment Issues
§2:49 Reimbursement of Expenses for DMV Error
§2:51 Reckless Driving Without Injury: VC §23103
§2:51.1 Jury Instruction on Elements—Regressive Evolution
§2:51.2 “Willful or Wanton Disregard”
§2:51.3 “Highway” and “Vehicle”
§2:52 Reckless Driving With Injury: VC §23104

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