Recent Posts in California Laws Category

Last month, U.S. Transportation Secretary Ray LaHood announced that, effective immediately, drivers of commercial vehicles are prohibited from texting while driving.

This is the latest step in a series of actions recently taken by the federal government to combat accidents caused by distracted drivers. Any commercial truck or bus driver who violates this ban will be subject to both civil and criminal penalties up to $2,750.

Research from the Federal Motor Carrier Safety Administration found that drivers who send, receive, and read text messages while driving end up taking their eyes of the road for an average of 4.6 out of 6 seconds. If a driver travels at 55 mph, this equates to traveling the length of a football field without ever looking at the road.

The FMCSA's research also found that people who text while driving are 20 times more likely to get in an accident than those drivers who are not distracted.

Secretary LaHood announced during a distracted driving summit in September that his department plans to aggressively pursue regulatory action and rulemaking to reduce the risks associated with distracted driving.

The transportation department isn't the only federal entity trying to combat distracted driving. President Obama signed an executive order prohibiting federal employees from texting while driving a government-owned vehicle or government-owned equipment, effective December 30, 2009.

If you have received a traffic ticket for texting while driving in Orange County, or if you caused an accident while texting while driving and have since been charged with reckless driving or a related offense, an attorney at the Law Offices of Virginia L. Landry can help. To arrange a consultation with a knowledgeable Orange County criminal defense attorney at the office, please call (866) 902-6880 or click here to fill out a free case evaluation.

On Monday, the Costa Mesa Police Department conducted a sting operation targeting motorists and drunk drivers who continue to drive with a suspended or revoked license.

The operation proved successful. Three citations were issued for driving with a suspended or revoked license, one citation was issued to an unlicensed driver, and three vehicles were impounded.

The sting took place at the Harbor Justice Center in Newport Beach. From 8 a.m. until 2 p.m. officers staked out people who had been ordered by a judge not to drive. The officers would watch those people leave the courtroom and walk to the parking lot. If the person got in their car and drove away, the police would follow and eventually pull them over.

If you were issued a citation for driving with a supsended or revoked license, whether during Monday's sting or some other time, an Orange County DUI attorney at the Law Offices of Virginia L. Landry can help. The attorneys at the firm have represented countless individuals whose licenses have been suspended or revoked due to a DUI arrest or conviction, and know how to best approach the situation. If you need help resolving your citation, please do not hesitate to contact the office today at (877) DUI-QUEEN to arrange a consultation!

Much like driving a car while drunk, if a person operates a boat or watercraft while under the influence of drugs or alcohol they stand to be arrested and charged with boating under the influence (BUI).

California considers a person too intoxicated to operate a boat or watercraft when their blood alcohol concentration is at or above .08%. Similar to a commercial DUI, it is illegal for any person working on a commercial watercraft vessel to have a BAC at or above .04%.

In regards to recreational boaters, it's easy to get carried away when a enjoying a day out on the lake, river, or ocean. As the sun begins to shine and the heats sets in, it's tempting to reach for that cold beer. Surprisingly, it is not illegal to carry alcohol on a personal watercraft. The owner of the boat or watercraft can have alcohol on the vessel, he or she just cannot get drunk to the point where their BAC level rises to .08% or more.

Penalties for BUI

The penalties for boating under the influence are quite similar to those for driving under the influence. Anyone convicted of BUI could be sentenced to jail, large fines, probation, etc.  Furthermore, should you be arrested for BUI, DUI or DUI of drugs in the future, the BUI could count as a prior offense, escalating your charges to repeat offender status.

Contact an Orange County BUI Attorney

Thousands of people throughout Orange County take advantage of the county's proximity to the Pacific Ocean, lakes and rivers. If you are planning to spend time out on the water, make sure you designate a sober boater to act as the designated driver. In the event that you are arrested for boating under the influence, you can trust a skilled and dedicated Orange County BUI lawyer at the Law Offices of Virginia L. Landry to put up an aggressive defense and negotiate for a reduction or dismissal of the charges.

For more information about our services, please contact the office today by calling (877) DUI-QUEEN!

A set of new vehicle laws took effect this month, affecting motorists across the state.  Some of the new laws include:

• The cost to renew or get a new driver's license increased from $28 to $31
• Cities and counties can choose to adopt laws that state if a person uses a vehicle for illegal dumping or to pick up a prostitute, that person's vehicle may be impounded for up to 30 days, if that person has been convicted of the same offense within the last three years.
• People can now have TV screens in the front-seat area of a vehicle, as long as the driver cannot view the screens.
• In accordance with the Move Over law, when drivers approach a stationary emergency vehicle or a tow truck with its siren or emergency lights activated, the driver must proceed with caution and move into an available lane not immediately adjacent to the emergency vehicle or tow truck. If moving into a new lane is not safe, practicable, or legal, the driver must slow to a reasonable speed that is safe for existing conditions. Motorists must also move over for California Department of Transportation (Caltrans) vehicles as well.

Effective July 1, 2010:

Drivers convicted of DUI in Alameda, Los Angeles, Sacramento, and Tulare Counties will be required to install an ignition interlock device in every vehicle they own or operate if they wish to keep their driver's license. The amount of time drivers are required to keep the device in their vehicle will depend on how many DUI convictions they have on their record. This is a pilot program, which means if the program proves to be effective in reducing the repeat DUI rate, then the state is likely to make it a law in all California counties.

If you have a question about any of the new motor vehicle laws and how they apply to you, please do not hesitate to contact the Law Offices of Virginia L. Landry to speak with an experienced Orange County DUI attorney today!

A retired Orange County judge says California should legalize and regulate marijuana once and for all.

Judge Jim Gray, a Libertarian, does not smoke, but has longed believed that the state should stop wasting its resources investigating, prosecuting, and incarcerating people for cultivating, selling, and possessing marijuana.

Under a new initiative, which could appear on the upcoming November ballot, cities and counties would allow the cultivation and sale of marijuana, as well as be able to tax it.  In addition, anyone 21 years of age or older could legally possess up to an ounce of marijuana and grow pot for personal use only.

Supporters of the initiative estimate that about $1.3 billion could be raised in tax revenue each year.

Judge Gray wants it to be clear that he does not support "legalizing" pot, but rather wants to regulate and control marijuana the same way alcohol is regulated and controlled.

Gray, who was asked to be a spokesman for the initiative, will be debating Los Angeles County District Attorney Steve Cooley on Jan 19.   In October, Cooley announced he would be prosecuting nearly 800 medical marijuana dispensaries in his jurisdiction after a Supreme Court ruling said all dispensaries are illegal.  

A recent poll found that 56% of Californians favor legalizing marijuana, and Judge Gray thinks the initiative could pass. But only time can tell whether or not the state will be able to enact such a law.  

Contact the Law Offices of Virginia L. Landry today to learn more!

There is a big difference between driving without a valid license and driving without having your driver's license in your possession when you're pulled over by a police officer.

If you are pulled over by a police officer or a highway patrol man, but you do not have your driver's license with you in the vehicle, you will be issued a traffic ticket. However, according to California Vehicle Code 12951, if you can later prove that you have a valid driver's license, but that it just wasn't with you at the time you were pulled over, the prosecutors must dismiss your case.

Driving without a valid driver's license is a much more serious offense.  This offense applies to people who never took the driving test to obtain a driver's license, or whose license expired and never took the appropriate steps to renew it.  Driving without a valid license is a misdemeanor crime, punishable by up to six months in county jail and up to $1,000 in fines.   However, sometimes a person is able to get the criminal charges reduced to an infraction if they take the appropriate steps to obtain a valid driver's license.

Obtain Aggressive Defense Against Your Charges!

If you have been charged with the misdemeanor offense of driving without a valid license, a skilled Orange County criminal defense attorney at the Law Offices of Virginia L. Landry can help you fight your charges.  There is no reason why you should allow your charges to escalate into a conviction.  Even though these seem like minor charges, they can still result in a mark on your permanent record upon conviction.

Interested in learning more about the defense services offered at the Law Offices of Virginia L. Landry? Contact the office today or click here to fill out a free case evaluation form!