California law defines three categories of crimes to distinguish which type of offenses are the most serious. While criminal charges may be filed as an infraction, a misdemeanor, or a felony, few people know which is worse. In terms of both the severity of the charges and the potential penalties, a felony is more serious […]
22610 (PC): California Laws Regarding Stun Guns and Batons
California has strict and complex weapons laws that go beyond mere gun possession and detail everything from switchblades to pepper spray use. The rules are more straightforward regarding electroshock weapons such as taser batons and stun guns. Most people can legally own these weapons under state law, but some people are banned from possessing them […]
The Unlawful Use of a Disability Placard in Vista, California
California Vehicle Code section 22507.8 (VC) makes it illegal to park in a handicapped parking spot without the proper disability placard or license plate. Violating this law is only an infraction punishable by a fine of up to $500. Additionally, the vehicle may be towed, and the driver will be responsible for towing and impoundment […]
Juvenile DUI Laws in California
When it comes to juvenile DUI laws, California has some of the strictest laws in the country. Under the state’s Zero Tolerance policy, detailed under the state Vehicle Code section 23136 (VC), minors can be arrested and charged with drunk driving if they have even the slightest trace of alcohol in their system. If you […]
Can You Get a DUI on a Skateboard or Rollerblades?
California state driving laws establish a very specific definition of “vehicle” under the law, explicitly defining it as something self-propelled or powered by something other than a human. As a result, while you can get a DUI while riding a horse, operating a boat, or even using a ride-on lawnmower, you cannot get one for bouncing […]
Do You Need a Lawyer for an Open Container Law in California?
There’s a time and a place for everything. While there’s nothing wrong with cracking open a cold bottle of beer after work, it is a problem if you’re still in your car. California Vehicle law sections 23221-23229 (VC) set specific conditions for when an individual can or cannot drive with an open alcoholic beverage or […]
Could the Us Use Income-Based Fines for Crimes?
An old expression says that if a crime is punishable by a fine, it’s only illegal for the poor. That idea can be very problematic in cities like San Francisco, Los Angeles, and San Diego, where there is such a massive disparity between the incredibly rich and the incredibly poor. Under traditional penalty structures, the […]
Putting an End to Police Pretext Stops in Vista and San Diego
Police can stop motorists for many reasons, including minor issues such as not using a turn signal, having a broken tail light, having window tinting on your windows, or similar issues. These stops for small infractions are considered “pretextual” stops because police usually use these issues as a pretext to hopefully find evidence of some […]
Is a Broken Tail Light Illegal?
At one point or another, just about everyone has driven with a cracked tail light cover or a broken brake light. Generally, police won’t stop you for these infractions, but if they do, the infraction alone isn’t enough to justify a police search or a breathalyzer. Unfortunately, police still often use these types of minor […]
When to Call a Trespassing Lawyer in Vista
Basic trespassing, filed under California Penal Code 602 (PC), involves entering someone’s property without permission or a right to do so. This offense is usually only charged as an infraction or misdemeanor, punishable by a fine or jail sentence. On the other hand, aggravated trespassing, filed under California Penal Code section 601 (PC), is a […]
