Wednesday, February 1, 2012

New Law Update: DUI and Drug Paraphernalia

New Law Update: DUI and Drug Paraphernalia
The California Attorneys for Criminal Justice would like to keep members updated about new laws.

Assembly Bill 520 (Ammiano) - Wet reckless with DUI prior

This is California Attorneys for Criminal Justice's sponsored bill. AB 520 (Ammiano) went into effect January 1, 2012. This bill reduces the driver's license suspension period from 1 year to 90 days for anyone who has a DUI prior and is convicted of a "wet reckless". This reduction applies only if the person agrees to install an ignition interlock device (IID). With the IID, the person may drive without any other restriction. This bill is an extension of SB 895 (Huff) of 2010.

Each applicant for a restricted license must also meet the following requirements:

Be enrolled in a 9-month DUI program.
Have no more than two prior alcohol-related convictions within a ten year period.
Cannot "bypass" or fail an IID rolling retest 3 consecutive times or two times before turning the vehicle engine off.
Drivers who were operating a commercial motor vehicle at the time of the violation are prohibited.
For the full bill language click here:

http://leginfo.ca.gov/pub/11-12/bill/asm/ab_0501-0550/ab_520_bill_20111009_chaptered.pdf

Senate Bill 41 (Yee) - Clean syringes

SB 41 is effective January 1, 2012. This bill eliminates the charge of possession of drug paraphernalia for any adult in possession of no more than 30 syringes (Health and Safety Code Section: 11364.1). SB 41 also permits physicians and pharmacists to sell or furnish up to 30 syringes without criminal prosecution.

For the full bill language click here:

http://leginfo.ca.gov/pub/11-12/bill/sen/sb_0001-0050/sb_41_bill_20111009_chaptered.pdf

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