New California Driving Laws for 2009

A variety of new motor vehicle laws went into effect in California on Jan. 1, 2009. Keeping these new laws in mind when you get behind the wheel will help you to have a smooth ride and stay out of trouble in 2009. For more information about these new statutes or any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 619.231.7412 for more information.

California's ban on text-messaging while driving is perhaps the most talked-about new state law. Beginning Jan. 1 2009 it's illegal to type, read and send electronic messages while driving. Just like the California law that requires you to use a hands-free device when talking on the phone while driving, the new text-messaging prohibition is punishable by a $20 fine for a first offense and a $50 fine for a repeat offense. However, California's "penalty assessment" means the actual fine is significantly higher.

It's important to keep in mind that a violation of either of these laws provides police with probable cause to pull you over, which can result in a serious criminal charge such as DUI. Be sure to use your electronic devices responsibly when driving to avoid being arrested for a more serious offense.

Another new California law will affect you only if you're on probation for a California DUI offense. The state's new zero-tolerance law dictates that individuals who are on probation for DUI who have any measurable amount of alcohol in their systems will have their driver's licenses suspended.

California has decreased the threshold for when a judge must consider ordering an ignition interlock device, or IID, in drunk driving cases. Under the old law, judges were required to give "heightened consideration" to ordering an IID for DUI drivers with a blood alcohol content (BAC) of .20 percent or greater. The new statute lowers the threshold for an IID, which prevents the vehicle from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent BAC.

Starting in July, drivers caught behind the wheel whose licenses were suspended for a DUI conviction will also be required to use an ignition interlock device. At the same time, authority over the use of ignition interlock devices will be transferred from the courts to the California DMV.

Another new California law requires individuals convicted of drunk driving or alcohol-related reckless driving - also called "wet-reckless" - to attend a nine-month alcohol-education program have a prior conviction for DUI or wet-reckless offense within the past 10 years.

Other new additions to California law include harsher punishment for those who make frivolous 911 calls, new criminal penalties for forging Clean Air stickers, and changes to the law that governs where GPS units can be mounted. The old law made it illegal to mount the unit on the windshield. Drivers can now mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver's side.

Staying abreast of California's ever-changing vehicle codes and criminal statutes will help you ensure that you stay on the right side of the law in the New Year. And if you're ever in need of a defense attorney, the skilled California lawyers of The Kavinoky Law Firm are ready to help. You can contact us at 619.231.7412 for answers to all of your questions about California vehicle and criminal codes.