Legal Insights: A California Law Blog...

By Law Offices | Felicia Yates & Associates   CDL Points or Negligent Operator Points can result from violations of the California Vehicle Code (such as when you are issued a speeding ticket), as well as violations of city or county ordinances, OR any othe r code which relates to the safe operation of a motor vehicle. The California DMV does have the authority to either suspend or revoke a California driver’s license, if an individual incurs too many points within a specified period of time. As a result of the Interstate Driver's License Compact, the California DMV will also report convictions of violations incurred by out of state licensees. That particular state motor vehicle division may convert or assign “points” based upon that state’s criteria, and take any necessary action. California Vehicle Code (CVC) section 12810.5(a) defines a Class C Negligent Operator as follows:  4 or more points in a 12 month period, 6 points in a 24 month period, or 8 points in...

By Law Offices | Felicia Yates & Associates   When a person first gets issued a DUI citation, the law enforcement officer(s) will hand them an Order of Suspension and Temporary License (a pink piece of paper with important DMV instructions - known as form DS-367). This will serve as a temporary license, good for 30 days from the date of your DUI incident. However, you - or an attorney - must take action right away to be sure the California DMV (CA DMV) is notified of your intent to have an administrative hearing on the pending license suspension.     Also known as the "Admin Per Se" proceeding, an individual cited or arrested for a DUI or DWI must take action within ten (10) calendar days (which includes weekends and holidays) of receiving their citation by contacting the CA DMV by telephone and scheduling an Admin Per Se hearing.  It will normally be set for thirty (30) to sixty (60) days from the time of your request.   Failure to make a timely...

By Law Offices | Felicia Yates & Associates   There is no doubt about the fact that the State of California has some of the toughest DUI laws in the entire country. Since driving in the State of California is considered a Privilege, and not a Right, then the state requires all licensees to agree to the Implied Consent Law.    The Implied Consent Law is defined in California Vehicle Code section 23612(a)(1)(A) which reads as follows:  “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcohol content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153...”  The last sections mentioned are where California sets forth their primary DUI laws.  Therefore, California law requires you to take a breath or blood test if you are arrested for a DUI , for the purpose of ...

By Law Offices | Felicia Yates & Associates Whether you are a DUI defendant who was recently cited and arrested, a CDL holder who was recently issued a traffic ticket, a personal injury victim seeking monetary damages, or are seeking the representation of an attorney to assist you in any area of the law, guarantees on legal case results and case predictions are not allowed in California. The California State Bar rules and regulations clearly prohibit an attorney from guaranteeing or predicting the outcome of any legal representation. Our office has heard it before from prospective clients: “the attorney’s office I spoke to earlier said that they would guarantee the results of my case.” My response is always the same to the client… if any attorney or law firm guarantees you the outcome of a legal matter, turn around, and run the other way as fast as you can . Not only is it not plausible for an attorney to guarantee a case outcome (due to the many nuances of our criminal and civil ...