In California, driving crimes convictions carry severe penalties. A conviction can result in serving time in prison, paying hefty fines, and losing your driver's license. You should find a reliable driving crimes attorney to help you reduce the implications of a conviction. At the California Criminal Lawyer Group in Sacramento, we have extensive experience with a wide range of California driving crimes. We have helped many defendants in these situations and would help you achieve the best possible outcomes. Please schedule an appointment with us today, and let's help you go through these challenging times.

Definition of Driving Crimes in California

Driving crimes in California can range from minor traffic violations to severe cases like vehicular manslaughter. The level of implication of a particular driving crime depends on the nature of the crime. Some might attract lenient penalties like paying a fine, while others might require you to spend time in prison. Here is a closer look at the common types of driving crimes in California.

CarJacking

Penal Code 215 defines carjacking as taking another person’s motor vehicle by use of fear or force. The use of force typically means that the person inflicted physical force on the alleged victim or threatened him to inflict bodily harm.

The alleged victim doesn’t necessarily have to be a driver, passenger, or vehicle owner for your actions to suffice as a carjacking. You should also note that taking someone’s car either permanently or temporary suffice as a carjacking.

Penalties for Carjacking in California

Carjacking is a felony in California punishable by:

  • Probation with a maximum of one year in county jail.
  • Custody in prison for three, five, or nine years.
  • A maximum fine of $10,000.

Apart from these sentences, a variety of sentencing enhancements applies in a carjacking conviction. These sentence enhancements increase and enhance your conviction under particular circumstances. Here are some of the common sentence enhancements in a carjacking conviction.

Causing Great Bodily Injury

Causing great bodily injury during carjacking imposes three to six years of imprisonment in addition to the penalties that you receive in your conviction.

Criminal Street Gang Enhancement

If the prosecution proves that your carjacking benefited, was associated, or at the direction of a criminal street gang, an automatic fifteen-year-to-life prison sentence applies in addition to your carjacking conviction.

California’s 10-20-Life Use of a Gun and You’re Done

Under California’s 10-20-Life use of a gun and you’re done, using gun subjects you to ten years of imprisonment, twenty years for firing it, and 25-years-to-life for killing or seriously injuring someone during a carjacking. These sentences apply in addition and are consecutive to the penalties of a carjacking conviction.

California’s Three Strikes Law

Carjacking is a violent felony in California. Therefore, a conviction will result in an inclusion of a “strike” on your criminal record under California’s three-strike law. You should also serve a minimum of 85% of your sentence before you become eligible for parole.

A subsequent charge for any felony treats you as a “second striker.” Therefore, your sentence will be twice the term that’s required by the law.

A third charge for any felony makes you a “third striker.” Therefore,e you must serve a mandatory minimum conviction of 25-years-to-life in the state prison.

The Felony-Murder Rule

Killing another person or being an accomplice of a killing of a person while commissioning a carjacking, you’re automatically liable for first-degree murder under California’s felony-murder rule. You can be held responsible under this rule even when the victim didn’t die in the carjacking, but the death is logically associated.

For instance, in the case where a victim suffers a heart attack due to the carjacking event, you could still face an enhancement under California’s felony-murder rule.

A felony-murder rule is classified into a first and second degree. First-degree felony murder is punishable by:

  • 25 years-to-life of imprisonment.
  • Life imprisonment without parole.

Second-degree felony murder carries 15 years to life imprisonment.

Removal or Immigration

Carjacking is also classified as an aggravated felony. Therefore, an immigrant might end up being deported or removed from the United States after a conviction.

Vehicular Manslaughter

Under California Penal Code 192(c), vehicular manslaughter refers to driving a vehicle with ordinary negligence, resulting in the unlawful killing of another person. Most cases associated with vehicular manslaughter involve a collision where a driver hits a passenger who dies from the injury. However, you can still be convicted of this crime if a passenger dies in the accident.

Penalties for Vehicular Manslaughter in California

Vehicular manslaughter is a wobbler. A misdemeanor conviction carries a maximum of one year in county jail. On the other hand, a felony has 2,4 or 6 years of imprisonment. A misdemeanor conviction carries a maximum fine of $1,000, while a felony carries a fine of up to $10,000. The judge can also issue probation for both misdemeanor or felony convictions.

Vehicular manslaughter for financial gain under Penal Code (c)(3) is a felony with the following penalties:

  • A maximum fine of $10,000.
  • Imprisonment for 4,6 or 10 years.

Further, the DMV can revoke your Driver's license for vehicular manslaughter for financial gain. You can't have the driver’s license reinstated until a minimum of three years has passed after the revocation. A license revocation will also trigger an additional charge under Vehicular Code 14601: Driving a suspended license. 

Driving on a Suspended Driver's License

It's illegal to drive with a revoked or suspended Driver's license in California under Vehicular Code 14601. Several reasons can have a driver's license revoked or suspended in California. Here are the grounds for Driver's license revocation or suspension in California:

  • A DUI conviction.
  • Reckless driving, reckless driving that results in injury, or reckless driving that results in one or more injuries.
  • Accumulating too many points on your Driver's license.
  • A mental or physical disability.
  • Failing to appear in court.
  • Being involved in a car accident without proof of insurance.
  • Being declared a negligent motor vehicle operator.
  • Accumulating unpaid parking tickets.

Penalties for Driving with a Suspended Driver's License in California

Driving with a suspended driver's license is a misdemeanor. The penalties for this crime depend on the reason behind the license suspension or revocation. It also depends on whether the driver has a prior conviction for driving with a suspended license. Penalties include:

  • A fine ranging between $390 to $1,000 for a first-time offender. Multiple offenders can face up to $2,000 of fines.
  • A county jail sentence that lasts for five days to six months for the first-time offender. A multiple-time offender can face between 10 days to 1 year.

The court can also impose additional penalties for a subsequent offense within five years of the previous crime.

A conviction for driving with a suspended license doesn't include time in the state prison, whether it's a first or subsequent offense. However, you might be required to install an IID on your vehicle.

Driving without a License

California Vehicle Code 12500(a) makes it a crime to drive without a valid license. California laws require every licensed driver to carry their licenses except the following:

  • A government employee or officers driving a vehicle other than a commercial vehicle that the united states government controls or serves federal businesses.
  • Anyone operating an off-highway vehicle across a public road.
  • Visitors aged 18 years and above who’s holding a valid driver’s license from their country or home state.
  • Non-resident aged 21 years or older transporting hazardous material and has a license from another state or Canada.
  • Non-residents with valid diplomatic driver’s license for the specific vehicle that person is driving.

Penalties for Driving without a license

Driving without a license can be prosecuted as a misdemeanor or a non-criminal infraction. A misdemeanor carries the following sentences:

  • Summary or informal probation.
  • A maximum of six months of custody in county jail.
  • A maximum fine of $1,000.
  • Impounding of the vehicle for thirty days if you have a previous conviction for driving without a license.

On the other hand, an infraction carries a maximum fine of $250.

Hit and Run

Hit and run is a driving crime defined Under California Vehicle Code 20001 and 20002. Vehicle Code 20001 deals with felony hit and run, while Vehicle Code 20002 deals with misdemeanor hit and run. Felony hit and run refer to fleeing from a scene of an accident after hitting and killing or injuring someone.

On the other hand, misdemeanor hit and run refer to running from a scene of an accident after being involved in an accident that resulted in damaging property, including another person's vehicle.

Under California driving laws, you must stop immediately after an accident, provide the other party with your name and address and your car's registration number. You should also provide your driver's license if requested by the other party.

Please note that if you don't own the vehicle you were driving, you should provide information about the vehicle's owner. Further, if you're involved in a collision at a parking lot, you should leave a note that includes your details and call the local police to inform them about the accident. It doesn't matter whether you were at fault or not to adhere to these requirements.

Penalties for Hit and Run in California

The penalties for hit and run in California depend on whether your actions violated Vehicle Code 20001 or 20002. Let's have a closer look at the penalties that apply in a misdemeanor and felony conviction.

  1. Penalties for Misdemeanor Hit and Run

A misdemeanor hit and run are punishable by a maximum of six months in county jail and a fine of up to $1,000. The judge can order probation for at least three years, depending on your previous criminal history. You must complete community service if granted probation.

You might also have to pay restitution for the damage to the victim and damages to any property involved. A conviction also accumulates points on your DMV record.

However, you must note that a first-time hit and run involving alcohol could allow a civil compromise under California Penal Code 1377. A civil compromise lets you dismiss your charges after compensating all the victims and property owners in a hit-and-run case.

  1. Penalties for Felony Hit and Run

A felony hit and run is a wobbler, despite being referred to as a felony. Prosecutors have the discretion of imposing a misdemeanor or felony charge based on the severity of injuries, damages sustained, your previous criminal history, and the specifics of the case.

A felony hit and run with non-serious injury carries the following penalties:

  • A maximum of one year of custody in county jail with a mandatory service of ninety days.
  • A fine that ranges between $1,000 to $10,000.
  • Inclusion of two points in your California DMV record.
  • Victim restitution.

A conviction for felony hit and run that involves severe or permanent injury or death carries the following penalties:

  • Imprisonment for 2, 3, or 4 years.
  • A fine that ranges between $1,000 to $10,000.
  • Addition of two points in your DMV record.
  • Forty-eightVictim restitution.

Please note, the court can reduce a conviction for a felony hit and run to a misdemeanor after completing probation. However, you must fulfill certain conditions and must not have served time in prison.

Evading an Officer

California Vehicle Code 2800.1 makes it illegal to evade a police officer. Most drivers avoid police officers when they're signaled to pull over once they are suspected of violating a California traffic law.

Under this statute, the prosecutor must prove that there was a reasonable indication of being pulled over, especially with a visible red light that you would have reasonably noticed. The officer must also have been wearing a distinctive uniform which differentiates them from a plainclothes officer. 

Penalties for Evading an Officer

Evading an officer is a misdemeanor with a maximum of one year in county jail and a maximum fine of $1,000. You can also have your vehicle impounded for a maximum of thirty days.

Felony Reckless Evading

California Vehicle Code 2800.2 makes it a crime to willfully evade an officer with a wanton disregard for other people’s safety. Your actions are regarded as a wanton disregard for other people’s safety if you’re aware that your actions pose a risk of harm and intentionally ignored this. Your action could show a wanton disregard of other people’s safety even if you didn’t cause any damage.

Penalties for Felony Reckless Evading

Felony reckless evading is a wobbler, despite being regarded as a felony. However, prosecutors usually choose to charge people as a felony. A misdemeanor carries the following penalties:

  • Summary or misdemeanor probation.
  • Custody in county jail for a minimum of six months and a maximum of one year.
  • A maximum fine of $1,000.

A felony charge carries the following consequences:

  • Formal or felony probation.
  • 16 months, two years, or three years of imprisonment.
  • A maximum fine of $10,000.

Apart from these sentences, the judge will most likely:

  • Impound the vehicle that you used in fleeing for a maximum of thirty days.
  • Suspend your driver’s license for the time that your probation lasts.

Evading in a commercial vehicle suspends the commercial driver’s license for one year. If you are convicted with more than one violation of felony evading in a commercial vehicle, your commercial driver’s license will be suspended for life.

Reckless Driving

California Vehicle Code 23103 describes reckless driving as driving a motor vehicle with a wanton or willful disregard of other people or property. You could be charged for this crime even if you were driving recklessly at a privately owned parking facility like an employee parking lot. You should also note that speeding doesn’t entirely prove that a person was reckless. It’s just a factor that the jury can use to determine whether you were driving recklessly.

Penalties for Reckless Driving

Reckless driving is a misdemeanor in California with the following penalties:

  • Custody in county jail for five to ninety days.
  • A fine that ranges between $145 and $1,000.

You would face severe penalties if the offense caused minor injuries or severe injuries to another person. Causing minor injuries increases your penalty to thirty days in jail and a fine between $220 and $1,000.

Causing serious injuries is a wobbler. A misdemeanor carries similar charges as causing minor injuries. However, a felony carries up to three years in prison and a maximum fine of $10,000. 

Drinking Alcohol in a Motor Vehicle

California Vehicle Code 23221 prohibits drivers from drinking any alcoholic beverage in a motor vehicle upon a highway. Under this statute, "drinking alcohol" might include holding an open alcoholic drink while in a car.

Please note, passengers in vehicles for hire like private buses or limousines are exempted from prosecution under this statute.

Penalties for Drinking Alcohol in a Motor Vehicle in California

Drinking alcohol in a vehicle is an infraction. Therefore, it imposes similar charges to a speeding ticket which carries a maximum fine of $250. However, the consequences are more severe for drivers below 21 years. They can end up being charged with a maximum of six months in jail and a fine of up to $1,000. 

Defenses to Driving Crimes in California

The prosecution of any driving crimes must prove beyond a reasonable doubt. Defense lawyers use different defense approaches for a particular crime. The goal of a defense strategy is to cast doubt on the prosecution by proving that the components of the accusation don’t sustain a conviction. Here are a few defense strategies that you can adopt.

You Were Not Driving

One of the crucial approaches that cut across all driving crimes is claiming that you were not driving at the time of your arrest. In a prosecution for any driving crime, the prosecutor requires you to have been driving to charge you with any driving crimes. Therefore, if the prosecution cannot establish this, you don’t have a valid case to answer. 

Lack of Sufficient Intention

If you’re prosecuted for evading an officer, you’re not guilty if you didn’t intend to evade an officer. Sometimes law enforcement officers pull over people in neighborhoods where they fear for their safety. A person can probably evade the officer if that particular place is dark and the officer cannot be seen clearly. You might also be trying to look for a safer location, leading to these accusations.

If your arrest circumstances meet any of these explanations, it proves that you had no intention to evade the officer. Therefore, the court will most probably dismiss the charges. 

Illegal Stopping

A police officer must have a valid reason for stopping a vehicle. They must have a reasonable suspicion that a driver is engaging in criminal activity before stopping them. Therefore, if you were arbitrarily stipped without a cause to do so and failed to do so since you were worried about police brutality, racial profiling, or any other valid reason, you are innocent of evading an officer.

Lack of Force or Fear

You’re not guilty of carjacking in California if you didn’t use force or fear. For instance, if you take another person’s vehicle out of admiration and drive away with it but return it, later on, you’re not guilty of carjacking. However, you’re guilty of a lesser serious crime like joyriding or grand theft auto.

Mistaken Identity

Mistaken identity can be a cause for a wrongful conviction for any driving crime. It doesn’t matter whether you’re accused of carjacking, vehicular manslaughter, or evading an officer, but there are chances of being misidentified or wrongly accused.  This kind of situation usually arises when you match the physical description of the actual perpetrator.

No Property Damages

You can only be guilty of hit and run charges if you caused some sort of property damage after causing an auto accident. Therefore, you probably sped off after an accident but didn’t damage any property. You can also use this defense if the collision only damaged the defendant’s vehicle but destroyed no other property.

 Find a Driving Crimes Attorney Near Me

You must consider the help of a professional driving crimes attorney, regardless of your driving crime charges. At the California Criminal Lawyer Group in Sacramento, we have the skills and experience needed to build a solid defense that maximizes the possibility of achieving favorable outcomes in your charges. Contact us anytime at 916-775-7660 for a quality legal intervention that will help you make a difference in your case.