Legal Insights: A California Law Blog...

By Law Offices | Felicia Yates & Associates California Vehicle Code (CVC) Section 23152(f) states as follows: "It is unlawful for a person who is under the influence of any drug to drive a vehicle." (emphasis added). Driving under the influence of drugs - even prescription or over the counter (OTC) medicines like Benadryl & NyQuil - are considered a criminal act that is punishable under California's Vehicle Code.  It does not matter that your impairment is due to a legally obtained drug or supplement, and they are being taken pursuant to a doctor's orders. In 2018, of the drivers involved in fatal auto accidents who were tested, forty-two percent (42%) were found to have had a legal and/or illegal drug in their system - that percentage has continued to steadily climb over the years.  This is why California and its law enforcement partners are so aggressive about enforcing DUI laws.  Over the past decade, more and more Americans are taking prescription a...

By Law Offices | Felicia Yates & Associates This is Part Four in a series of blog articles on California Personal Injury (PI) law. California Vehicle Code (CVC) Section 27803 essentially states that it is unlawful for any driver, operator, or passenger to ride on a motorcycle, motor-driven cycle, or motorized bicycle without wearing a safety helmet that meets the requirements of CVC Section 27802. Despite the safety laws, and other personal protective equipment such as leathers and reinforced boots that are available to riders, accidents involving motorcycles can be some of the most catastrophic motor vehicle accidents to take place on our highways. The National Highway Traffic Safety Administration (NHTSA) estimated that 4,985 deaths were incurred by motorcyclist in the United States in 2018, as a result of motorcycle related crashes. In 2018, NHTSA also estimated that motorcyclist were 27 times more likely than occupants of a passenger car, to die in a vehicle accident. The...

By Law Offices | Felicia Yates & Associates In 1996, Proposition 215 (the Compassionate Use Act) was passed in California which paved the way for patients and caregivers to possess and cultivate marijuana for medical use only. In other words, you would have needed a Medical Marijuana Identification Card (MMIC) to legally possess and use. On November 8, 2016, California voters passed Proposition 64 (the Adult Use of Marijuana Act). In doing so, it legalized the sale, possession, growing, and consumption of marijuana for any adult 21 years of age or older, for recreational purposes. Medical Use Versus Recreational Use One of the main differences between recreational and medical marijuana use in California, is that an individual holding a Medical Marijuana Identification Card or MMIC for medical use is allowed to possess up to eight (8) ounces of marijuana, whereas a recreational user is limited to 28.35 grams - the equivalent of only one (1) ounce of marijuana. Another key distinct...

By Law Offices | Felicia Yates & Associates In California, a Class "A" license holder - and for that matter - Class "B" license holders, may be at risk of permanently losing their driving privileges IF they have been convicted of more than one violation of specific types of crimes. Class "A" license holders are professionally trained drivers who would normally operate large, and very heavy, commercial motor vehicles (tractor-trailers, tanker trucks, flatbeds, etc.) as a part of their professional driving career. A Class "A" CDL license entitles a person to operate a combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, and to haul a trailer that weighs 10,000 pounds or more. This results in them being held to a much higher standard (much like a medical doctor would be in their professional capacity) then a Class "C" license holder who only operates a private motor vehicle for personal use. Cali...