Summary of New Law Changes for 2009

Just before the New Year, the Law Office of Barry T. Simons wants to provide everyone with a few new law changes that go into effect in 2009.  Some have been addressed in previous posts, but they are now being provided in a summary fashion for quick referencing:

1.     No-Text Law—Texting While Driving (Senate Bill 65)

This new law makes it an infraction to write, send, or read text based communications on an electronic wireless communication device, including emails, while driving a motor vehicle. 

Previously this was only illegal for those under 18-years of age with the passage of the hands-free law change in July of 2008; however, it has now been extended to all drivers.

2.     DUI Probationers Zero Tolerance Law (Assembly Bill 1165)

This new law prohibits a person who has been convicted of driving under the influence and is on probation from driving a motor vehicle with a blood or breath alcohol level of 0.01% or more as measured by a preliminary alcohol screening test or other chemical test.  If the driver refuses to submit to, or fails to complete the test, or if the person is found to have been driving with a blood or breath alcohol level of 0.01% or greater, the person will be subject to a license suspension by the California Department of Motor Vehicles’ and issued a citation.  Additionally, the driver’s vehicle is subject to impound.

3.     Alcohol Related Reckless Driving (Assembly Bill 2802)

This new law requires a court to order a person convicted of an alcohol-related reckless driving, (commonly referred to as a wet reckless), to attend a drunk driving alcohol program of at least nine (9) months in length if that person has a prior driving under the influence or alcohol related reckless driving conviction within the last ten (10) years.  This law change can be found under Vehicle Code § 23103.5(f)(1) and § 23103.5(f)(2).

4.     Ignition Interlock Device (IID) (Senate Bill 1190)

This new law allows courts to give additional consideration for the installation of an ignition interlock device (IID) to those offenders who have a blood alcohol concentration of 0.15% or greater.  This new law reduces the blood alcohol level from 0.20% or greater to 0.15% or greater to trigger the requirement.

5.     Ignition Interlock Device (IID) (Senate Bill 1388)

This new law allows the California Department of Motor Vehicles to require any driver convicted of driving on a suspended license due to a prior driving under the influence (DUI) conviction to install an ignition interlock device (IID) in any vehicle the offender owns or operates.  This is an expansion on the previous law that required courts to impose this condition on those drivers convicted of driving on a suspended license due to a prior driving under the influence (DUI) conviction to install an ignition interlock device (IID) in any vehicle the offender owns or operates because now the authority rests solely with the California Department of Motor Vehicles and is required at the time the Department receives notification of the conviction.

No-Texting Law Goes Into Effect January 1, 2009       

The California Legislature is routinely passing laws to generate additional revenue.  This new law change is just another example of it.

First came the Hand-Held Wireless Telephone: Prohibited Use Statute (Vehicle Code 23123), which made it unlawful for a person over 18 years of age to drive while using a wireless telephone unless that telephone was specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.  Drivers under the age of 18 were prohibited from using any electronic devices while driving.   This law went in to effect on July 1, 2008; but it contained one minor loophole: it did not prohibit text messaging.  As a result, the California Department of Motor Vehicles reports that another new law will go into effect to close the loophole: the no-text law.   

The new law, starting January 1, 2009, prohibits writing, sending, or reading a text-based communication while driving for all drivers in California.  This law will apply to electronic wireless communication devices used to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.  Thus, no texting while driving!

To date, California Connecticut, New York, New Jersey and Washington are the only states that ban all drivers from using hand-held phones. The New Jersey and Washington state laws also prohibit text messaging.  Alaska and Minnesota recently approved their own bans on text messaging. 

Now the inclusion of such a seemingly trivial law change in a DUI Defense Specialist’s blog may initially seem odd to you; but the purpose of apprising readers of these new law changes is to advise drivers that conducting either of these prohibited acts may provide police officers with a reason to pull you over.  Thus if you have been driving after consuming alcohol, and you are pulled over for either one of these new law violations, regardless of how well you may have been driving before the officer allegedly observed you violating either one of these new law violations, you could be stopped, detained and questioned regarding whether the alcohol you consumed affected your ability to safely operate a motor vehicle in violation of the California Drunk Driving Laws.  Thereafter you could be arrested and charged with driving under the influence and need the assistance of a DUI Specialist to determine whether or not what the officer allegedly observed constituted an actual violation of the new laws.