Tag Archive: california

Perennial Don’ts California Drivers Almost Always Forget

Certain traffic laws are so simple that they are easily forgotten and broken by drivers. However, the utter simplicity of some traffic laws does not warrant motorists not to take them seriously.

Accordingly, drivers who think that simple traffic rules do not provide them any benefit and curtails their right to drive based on their preference should think again. Rules are implemented for various reasons, and drivers’ safety is on the top list.

Los Angeles accident attorneys point out that some California drivers need to be reminded of their obligations while on the road for them to practice safety and responsibility. According to California Driver Handbook 2009, the following are simple don’ts for drivers so that they can avoid causing and getting involved in accidents:

– Do not dump or abandon animals on a highway. This crime is punishable by a fine of up to $1,000.00, six months in jail, or both.

– Do not operate a cell phone without the use of a hands-free device.

– Do not drive a motor vehicle while using a wireless communications device to write, send, or read text-based communications.

– Do not wear a headset over or earplugs in, both your ears.

– Do not drive a vehicle so loaded, either with property or people, that you cannot control it, see ahead, or to the sides of your vehicle.

– Do not carry anything in or on a passenger vehicle which extends beyond the fenders on the left side or more than six inches beyond the fenders on the right side. Cargo extending more than four feet from the back of the vehicle must display a 12-inch red or fluorescent orange square flag or two red lights at night.

– Do not allow anyone to ride on any part of your vehicle not intended for passengers.

– Do not allow anyone to ride in the trunk of your vehicle. Convictions will result in penalties for both the driver and the person(s) riding in the trunk.

– Do not allow a person to ride in the back of a pickup or other truck unless the vehicle is equipped with seats and the person uses both the seat and a safety belt.

– Do not wear eyeglasses with temples wide enough to keep you from seeing clearly to the sides.

– Do not drive a vehicle equipped with a video monitor, especially if the monitor is visible to the driver and displays anything other than vehicle information or global mapping displays.

California Zero – Tolerance Stance And Punishments For A DUI For Minors

California hands out some of the strictest fines for drivers found under the influence, and the charges are worse for drivers under the age of 21. Most of the consequences for an underage driver will appear similar to that of a driver over the legal drinking age, but for minors, the length of those charges is increased and could mean longer restrictions and alcohol abuse programs. California has a Zero-Tolerance Policy, and even one alcoholic beverage a minor has drunk will automatically get him arrested for a DUI and result in either a misdemeanor, infraction or civil offense. Minors will have a harder time locating an attorney who can minimize the DMV sanctions, but most attorneys will be able to lower the criminal charges motorists may face.

Zero Tolerance

In California, any minor found with a .01% of alcohol or greater will be subjected to a one-year suspension on his license for a first offense, but a motorist could face a longer suspension as well. The suspension for turning down a breathalyzer, urine or blood test holds an even bigger suspension, and the DMV can suspend a minor’s license for up to 3 years. Even if a motorist does not have his license and is apprehended for drinking and driving, he could face a one-year delay from receiving his license. If apprehended for a DUI, a minor will also have to petition for a Per se hearing ten days after his arrest to try to deal with the charges, but an individual will need either a Los Angeles or Orange County DUI lawyer present at the meeting.

Fines and Punishments

As if the license suspensions were not enough, all minors will have to face some type of fine that can vary and alcohol-abuse program that can carry additional problems. For a first-time perpetrator, an automatic one-year suspension will be placed on his license as well as a $100 fine; while a second-time conviction will get a $200 fine and a $300 fine will be issued for a third offense.

Any minor caught under the influence also must sign up for a mandatory three-month alcohol abuse program to get his license reinstated, and some may even have to go to a youth drunk driving program. A youth drunk driving program aims to curb the habit of drinking by forcing minors to visit an E.R., coroner’s office or recovery center to see victims of a DUI or who have abused drugs or alcohol. Any Orange County or strategic Laguna Beach DUI attorney may lessen the charges and help you receive only one treatment program, but the judge’s decision will vary based on your prior record.

California Employment Law Termination

In California, along with numerous other states, an engagement or employment contract of indefinite time period can be signed and is mostly considered to be at the will of either party involved. However, noteworthy is the fact that the “at will” association can be explicitly or implicitly modified by the employer. As an example, say, if the employer initially publishes some kind of handbooks or pamphlets or any other publications targeted at employees, which advocates that no employees will be dismissed or disciplined unless he or she is in accordance with certain dealings. In such instances the employee might find the grounds tostress that he or she was unjustly relegated or terminated if the company was somehow failing to follow its own set out conditions and processes of demoting or firing the employees. In the same way, if any employer is responsible for oral guarantees of continual employment the regulations mentioned above again apply to the employer.

In both the cases mentioned above, along with other numerous cases, the “at will” relationship on the part of the employer might just be modified and might require the employer to now establish and disclose a “prominent cause” prior to proceeding with the termination or demotion of an employee. In the official legal sense the phrase “good cause “is clearly elaborated in the California state law as to mean, impartial and authentic reasons, delimited by moral faith on the part of the proprietor, that are not inconsequential, random, or even unpredictable, disparate to business needs or goals, or pre-textual, a coherent assumption, in short, reinforced by considerable evidence congregated through a passable inquiry that comprises notice of the demanded delinquency and a chance for the worker to respond.

Additionally the Californian legal system has also clearly established that an employer’s wide-ranging right to dismiss an employee “at-will” is subject to substantial limits implemented by and under the banner of public policy. The legal system believes this to be very appropriate since they believe that even a virtual threat of expulsion could be used by the employer to pressurize the employees into doing unlawful acts like concealing wrongdoing, committing crimes, or committing other acts that can in one way or the other be damaging to the public weal. Therefore, unless the operative/employee has a tangible or even oblique indenture with the employer which permits for expulsion only for cause or some other quantified reasons, the employer does not possess the ability to dismiss an employee. However, given the complex nature of these California employment law termination laws, sometimes it takes a capable attorney to determine whether the motives for termination are legal or illegal.