Defense of Speeding Tickets & VC 22350 Infractions Defense against a speeding ticket comes in several varieties depending on the circumstances of the case and the exact speeding ticket for which the driver was cited. Perhaps the most common speeding ticket is violation of VC 22350 [Speeding – Max Speed Limit], also knowns as “California’s basic speed violation.” This article covers the law, penalties and common defenses related to VC 22350. Essentially, VC 22350 prohibits drivers from driving faster than the road conditions permit, even if the posted maximum speed limit itself is not vio ..read more

According to California Vehicle Code 12951, a licensee shall have the valid driver’s license issued to him in his immediate possession, at all times, when driving a motor vehicle upon a highway (VC 12951(a) Abbrev.)). Note: The driver of a motor vehicle shall present his license for examination upon demand of a peace officer enforcing the law (VC 12951(b) Abbrev.). In essence, a person driving a vehicle in California must always have a valid driver’s license upon him while driving, and the driver must produce his license upon demand from a law enforcement officer when the officer is enforcin ..read more

According to California Vehicle Code Section 13004(a), it is unlawful “to display…, or have in his possession, any canceled, fictitious, fraudulently altered, or fraudulently obtained identification card.” (VC 13004(a) Abbrev.). It is also unlawful to lend another person an identification card (VC 13004(b)), display another person’s identification card as though it is the person displaying it (VC 13004(c)), allow another person to use his identification card (VC 13004(d)), reproduce an identification card without authorization (VC 13004(f)), or alter an identification card without author ..read more

According to California Vehicle Code section 20, It is illegal ‘to use a false or fictitious name, or to knowingly make any false statement, or knowingly conceal any material fact in any document filed with the Department of Motor Vehicles (DMV) or the Department of the California Highway Patrol (CHP) [VC 20 Abbrev.]. For example, a vehicle driver who lies to a CHP officer about the true identity of the driver’s passenger is in violation of VC 20. The same is true when a person gives a false address to a DMV employee. Material Fact Required: Per VC 20, only a material fact that is concealed ..read more

Information related the crime of theft of utility services is found at California penal code section 498(a) through 498(d). The following is a summary of Penal code 498(a) through 498(d), including a discussion of the penalties related to theft of utility services and common defenses used against a criminal charge of the same. To begin, theft of utility services includes the theft of electricity, gas, water utility from a public or private company. The crime may be committed by an individual, a firm, an association, a corporation, and other legal entity (PC 498(a)(1)). Also, “theft” of the uti ..read more

Information on the crime of illegal squatting, including information on the punishment for illegal squatting, is found in the California penal code at section 647e. Note: Illegal squatting crimes are classified as “disorderly conduct” crimes. Disorderly conduct crimes are a broad classification of crimes that prohibit certain conduct in public, but where that conduct is not necessarily directed against a named victim (i.e., loitering near a toilet to commit a lewd act, prostitution, lewd conduct in public, etc., are all classified as “disorderly conduct” crimes). Squatting Defined: Squatting i ..read more

“Date Rape” is colloquial term used to describe a sex crime that is committed during a dating relationship. The term “date rape” does not exist in the law. The law simply refers the sex crime committed, regardless of the presence of a dating relationship between the defendant and the alleged victim. For example, Mike and Janet are in a dating relationship. The couple regularly have consensual vaginal sexual intercourse, but Mike wants to have anal sex (sodomy) with Janet. Janet does not want to have anal sex with Mike, so Mike sodomizes (anal sex) Janet when she is heavily intoxicated. Result ..read more

Information on the crime of unlawful poisoning of animals is found at California penal code section 596. This summary deals with the law, punishment, and common defenses related to PC 596. For further information, please contact our California criminal defense attorneys. PC 596 Law Per PC 596, every person who, without the consent of an animal’s owners, willfully administers poison to an animal…, or exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is guilty of unlawful animal poisoning (PC 596 Abbrev.). Note: It is illegal to place ..read more

Information on the crime of auto theft with prior is found at California penal code section 666.5 PC. The following is a brief description of the law, punishment, and common defenses related to PC 666.5 charges. For further information, contact our California criminal defense attorneys. PC 666.5 Law PC 666.5 is penalty enhancement that is charged alongside a current vehicle theft, joyriding, or receipt of stolen vehicle charge. For example, David is currently charged with vehicle theft (PC 487(D)). David has a prior vehicle theft from three years prior to the current charge; therefore, David w ..read more

Information on the crime of unlawful possession of body armor is found in California Penal Code 31360. The following is a summary of the law, punishment, and common defense related to PC 31360. For further information, contact our criminal defense attorneys today for a free consultation. Body Armor Defined: “Body armor” is defined as any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor (PC 16288). Body armor includes bulletproof vests of any level (i.e. level IIA, II, IIIA, III, and IV ballistic vests). Note: Stab-proof vests a ..read more