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May 2022

ignoring-and-disobeying-california-traffic-signals

Ignoring and Disobeying California Traffic Signals

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Believe it or not, the State of California didn’t put up traffic signs, signals, and lights simply to make your commute more difficult. Despite what it may feel like some days, the traffic signals weren’t created as some sort of vendetta against you. The truth is that they exist because the state’s traffic experts noticed that when an intersection didn’t have a traffic signal, there were many nasty accidents. The real reason the traffic signals were erected was to make the roads safer for everyone.

When the state agreed to provide you with a driver’s license, you entered into a metaphorical contract with them. Even though you didn’t receive a copy of this contract, rest assured that one of the line items on it was an agreement to obey all traffic signals, no matter what.

While the DMV didn’t provide you with an actual contract that outlined the various rules about traffic signals in the state, you can find the information by reading the California Vehicle Code 21461a VC. It clearly states that:

“(a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by the lawful authority of a public body or official.

(b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).”

It’s worth noting that the vehicle code is legally binding both for permanent traffic signals and for signals that have been temporarily erected to accommodate things like road construction.

The good news is that if you do fail to obey a California traffic signal, you won’t be hauled to jail where you’ll learn that you’re facing criminal charges, at least you won’t be provided there’s not a bench warrant for your arrest or that you’re not driving on a suspended license.

In California, failing to obey a traffic signal will net you an infraction ticket which comes with a fine. The exact amount the fine you’ll owe depends on what type of traffic signal you ignored and if disobeying the traffic signal was the only driving law you broke. You should expect that the infraction will cost at least a few hundred dollars and that it will add points to your driving record. While it’s likely that you’ll be more upset about the fine, you can’t afford to ignore the points. If you accumulate more than twelve points in 12 months, the state could suspend your driving privileges.

mislabeling-food-in-california

Mislabeling Food in California

By | Bail Bond in Fresno, Bail Bonds in Kings County, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Mislabeling food in California is a law that usually only impacts people who own or operate things like coffee shops, delis, grocery stores, and restaurants. It doesn’t matter how badly the food was mislabeled, if evidence of mislabeling exists, the people involved will be arrested and charged with mislabeling of food. If convicted, they’ll not only have a permanent criminal record, it’s unlikely that they’ll ever be able to find employment in the food industry ever again.

The issue of mislabeling food in California is dealt with in Health & Safety Code 114087 HS.

The law states:

“(a) Food offered for human consumption shall be honestly presented in a way that does not mislead or misinform the consumer.

(b) Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of food.”

There are several different reasons ways that a business can get into trouble for mislabeling food.

These include:

  • A retailer taking food that has either passed its expiration date or is actually meant for pets and passing it off as food that is fit for human consumption
  • Labeling food in such a way that it results in the consumer not having the proper information about things like quality, calories, or even accurate ingredients.

It’s worth noting that while most people assume a person who is charged with mislabeling food in California acts intentionally, that’s not always the case. Even if the food was accidentally mislabeled, the person involved could be charged on grounds of criminal negligence.

Violating Health and Safety Code 114395 HS is a misdemeanor. If convicted, the defendant faces a maximum sentence of six months in jail and/or a fine that ranges from $25 to $1000. It is also likely that the health department will take a long look at the business and potentially close it down forever.

If someone becomes seriously ill or even dies as a result of the mislabeled food, the defendant will likely face additional criminal and civil charges.

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Illegally Carrying a Loaded Firearm in California

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia

Just because you’re legally allowed to own a firearm in California, it doesn’t mean you have an instant right to do whatever you want with it. For example, while you’re allowed to own a firearm and even carry it with you if that same firearm is loaded, you could find yourself in serious legal trouble.

The topic of carrying a loaded firearm in California is covered in Penal Code 25850 PC. When you read through the law, you’ll find that even though you have an ownership license for the firearm, if that firearm is loaded, you’re not allowed to have it:

  • While on a public street
  • While in a public place
  • While cruising the streets in your car

When you read through Penal Code 25850, you’ll discover that this is a very complex law. It states that:

    “(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

    (b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.”

The other thing that is very confusing is how this impacts the right to carry a concealed weapon in California. What many don’t realize is that you’re not allowed to carry a concealed weapon in California. Getting caught with a loaded concealed weapon can result in yet more criminal charges.

The thing you have to understand is that while California lawmakers are willing to allow you to have a gun that you can use to defend yourself and your property from criminal elements, they want you to leave that firearm at home. If you feel that you must have the firearm with you, you must:

  • Make sure the firearm isn’t loaded
  • Must make sure it’s securely locked away, preferably in a locked case, though locked in your trunk will also suffice.

It’s straight-up illegal to carry a concealed firearm in California, just like it’s illegal to have a loaded firearm on you while you’re out and about.

Getting caught with a loaded firearm in California is illegal, but it’s also one of the state’s wobbler offenses. Factors that determine whether you’re charged with a misdemeanor include:

If you’re convicted of the misdemeanor of having a loaded weapon in a public space, you could be sentenced to a year in county jail and/or required to pay a $1,000 fine. Certain prior convictions on your record could mean a mandatory three months in county jail.

If you’re convicted of a felony of having a loaded weapon in California, the maximum sentence is up to three years of incarceration and/or a $1,000 fine.

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Penalties for Illegal Street Racing in California

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Yes, the Fast and the Furious movie franchise made street racing look like a great way of generating some excitement on a Friday night, but before you gather a group of your friend together to see who can drive the fastest, you should know that street racing, drag racing, and other vehicular speed contests aren’t legal on California’s public roads. They violate not one, but two of California’s laws: Vehicle Code 23103 VC (reckless driving) and Vehicle Code 23109 VC (speed contests).

You must understand violating either of these California laws by speed racing on one of California’s public roads won’t result in a simple ticket. In most cases, you’ll find yourself facing misdemeanor charges. If you’re convicted, you’ll go through life with a criminal record and have to pay some extremely hefty fines. You may even spend some time inside a county jail cell.

In order to secure a guilty conviction in a California street racing case, the prosecution must be able to prove that in addition to actually driving the car, you were also aware that you were street racing. You can’t be convicted of street racing if you simply happened to be in the wrong place at the wrong time and got swept up in a street racing sting.

You can be charged with street racing if you and another driver challenge one another to a race while sitting at a stoplight. In California, it only takes two people to create an illegal street racing situation.

The first time you’re convicted of participating in a speed contest in California, your sentence can include:

  • A fine of up to $1,000
  • Spending as much as 90 days in jail

If you’re convicted of speed racing a second time, you will lose your driving privileges. The second (and following times) you’re convicted of speed racing in California, you’re sentencing could include:

  • Mandatory six months of revoked driving privileges
  • A fine that could be as much as $1,000
  • A potential six months in jail

While you’re not legally allowed to engage in any type of speed contest while operating a vehicle on one of California’s public roads, you’re free to do what you like while on private property, including private roads. While the police won’t stop you from street racing on a private road, you still want to be careful. If someone is hurt because of your actions while you’re behind the wheel, it’s possible you’ll be named in a civil case.