Legal Insights: A California Law Blog...

By Law Offices | Felicia Yates & Associates   The new calendar year always brings a crop of fresh laws to the State of California – and the year 2022 is no exception.   The California Governor signed 770 legislative bills into law during 2021.   Not all of the laws take effect immediately - some have a “cooling off” period - but most of them will be implemented as of January 1, 2022.   Here are some key highlights from twenty-one (21) of those legislative bills signed into law: 1)  Slower Speed Limits – As of January 1, 2022, California cities will now have more localized control over how speed limits are set.   The old rule caused speed limits to increase every few years.   The new rule will allow cities to lower speed limits in 2022 – these lower limits cannot be enforced until June 30, 2024 (or as soon as California creates an online portal to process these new traffic offenses).     2)  Seizing Ghost Guns – This law will not be effective until July 1, 2022.   A concerned c

By Law Offices | Felicia Yates & Associates   This is Part Seven in a series of blog articles on California Personal Injury (PI) law. The month of May has been officially designated by our nation as Older Americans Month (OAM).  The U.S. Department of Health and Human Services, Administration for Community Living, is responsible for spearheading our country's annual observance of OAM - #OlderAmericansMonth.  An older or elder American is typically defined as anyone 65 years of age and older.  The American Rescue Plan Act, signed into law on March 11, 2021 by U.S. President Joe Biden, enhances the Elder Justice Act, and guarantees that Adult Protective Services can be utilized to protect the safety of all adults throughout the aging process. In California, elder (or dependent adult) abuse can be punished as both a Criminal wrongdoing, and a Civil (Tort) wrongdoing.   Penal Code Section 368 generally defines the criminal offense of elder or dependent adult abuse, and states in

By Law Offices | Felicia Yates & Associates The State of California enacted the Administrative Per Se Law which is designed to punish an individual - by temporarily suspending their driver's license - if they have been deemed by the California DMV to have operated a motor vehicle with a Blood Alcohol Content ( BAC) of 0.08% or higher . It is worth noting, that any DMV administrative action is independent of any penalties imposed by a Superior Court for a DUI conviction.  While some Due Process is provided to a Defendant (i.e. – the issuance of a 30-day Temporary License on pink paper), you are not given many of the typical Constitutional protections you would find in a Court of Law.  For example , when you are facing charges in a regular Court of Law as a criminal defendant, there is an automatic presumption of innocence until proven guilty - at a DMV hearing following a DUI arrest it is just the opposite - there is an automatic presumption of guilt until proven innocent.