Legal Insights: A California Law Blog...

By Law Offices | Felicia Yates & Associates The State of California’s Judicial Council releases a new Uniform Bail and Penalty Schedule during January of each calendar year, as authorized under California Rules of Court, Rule 4.102. The Traffic Infraction and Traffic Misdemeanor sections alone, of this newly released schedule, cover approximately 125 pages of content - with only a modest percentage of that content relevant to the types of typical traffic violations issued to a commercial driver or CDL holder in California.    Let’s take a look at one of the most common citations issued in California to a CDL holder – a violation of California Vehicle Code Section 22406(a) , also known as Speeding in a Commercial Vehicle. The bail amount for this particular violation varies, primarily based upon, the alleged speed of your vehicle at the time you are issued a traffic ticket. If you are cited for traveling 1 – 9 miles per hour over the speed limit of 55 mph, then your tota

By Law Offices | Felicia Yates & Associates If a person is cited or arrested for a Misdemeanor DUI, they will typically face one OR both of the following charges: A violation of California Vehicle Code (CVC) section 23152(a) , and CVC section 23152(b) .  They are both considered DUI violations, but they require different approaches in the way they are defended against by your attorney.  By the way, CVC section 23152(a) considers being under the influence of any drug (whether or not it is a prescription) as a violation of that code section.   Simply put, CVC section 23152(a) is the crime of being under the influence of any measurable amount of blood alcohol concentration (BAC), or any drug.  In contrast, CVC section 23152(b) is the crime of having a BAC of .08% or higher while operating a motor vehicle.  Both vehicle code sections require that the District Attorney (DA) prove you were operating a motor vehicle at the time you were suspected of being under the influence

By Law Offices | Felicia Yates & Associates There is no doubt that the Coronavirus (COVID-19) pandemic has fundamentally altered the way that all Americans go about their daily lives - and the California court system is no exception.   The various Superior Court locations we serve throughout the State of California are beginning to open back up, with certain limitations & restrictions, subsequent to the statewide closure of the entire California court system. For example, the San Bernardino County courts were completely shutdown - with the exception of emergency proceedings - for approximately ninety (90) days, and are just now starting to gear back up for regular operations.    Generally speaking , everyone who enters a Superior Court building will now be required to adhere to the following policies: 1)  Wear a face mask at all times (which completely covers your nose and mouth); 2)  Maintain a social distance of at least six (6) feet; 3)  Only parties and their

By Law Offices | Felicia Yates & Associates   Are Commercial Driver Licensees (CDL holders) eligible for Traffic Violator School (TVS) in California?  Yes, but only under specific circumstances . As of January 1, 2011, you may attend TVS if the traffic violation occurred while driving a non-commercial vehicle , AND you have a valid commercial Class A, Class B, or Class C license, issued by the State of California .        This means that if you were operating a commercial vehicle  at the time you received your traffic citation , OR  you were holding an out-of-state CDL , you are not eligible to attend TVS in California under any circumstances. In addition, you will not be eligible to attend TVS if the violation involves, for example, an Equipment offense, a Non-moving offense (such as a parking offense), a Misdemeanor (such as Reckless Driving), an Offense with a Mandatory Court Appearance (i.e. Hazardous Materials; Littering; Speeding in Excess of 100 MPH), any Alcohol-related off