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Articles Posted in DMV Issues

The California DMV resumed behind-the-wheel testing beginning Friday, June 26.  Drivers and DMV instructors will be required to wear face masks and drivers will be asked to lower two windows to increase air flow in the car. Pre-test instructions will be given  outside the car. DMV examiners will also wear gloves and place plastic covers on the passenger seat and floorboard as precautions against transmission of the coronavirus. Applicants will be required to wear a face covering and answer screening questions before starting the exam. Temperature checks will be added to safety protocols  in the coming weeks.

There has been a  three month backlog of behind-the-wheel testing as a result of  the DMV closing all of its 169 field offices and cancelling  all appointments in March due to the coronavirus pandemic. Some offices were reopened in May and the rest resumed operations in June, but no behind-the-wheel tests have taken place since mid-March.

The DMV will automatically reschedule all canceled driving test appointments and  anticipates it will take several weeks to complete testing for previously canceled tests. Appointments for new behind-the-wheel tests will not be available until previously canceled tests are completed.

The decrease in traffic during the COVID-19 shelter in place, has seen an increase in speeding tickets for driving over 100 mph.

‘From March 19, when the state’s stay-at-home order began, to April 19, the CHP issued 2,493 citations for speeding more than 100 mph, as compared with 1,335 during the same period last year.” (100-mph speeding tickets soar statewide: Gary Richards, Roadshow

https://www.mercurynews.com/2020/04/23/100-mph-speeding-tickets-soar-statewide-roadshow/)

Except in cases involving a commercial license, attending traffic school should mask the conviction pursuant to Vehicle Code section 1808.7

Vehicle Code section 1808.7 and traffic school

Vehicle Code section 1808.7 provides for masking of infractions for which a driver attended traffic school. It states that:

People v. Tran, 2019 WL 5958335 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019)

Background:

Robert Tran was convicted of reckless driving, in violation of Vehicle Code section 23103, subdivision (a) and was sentenced to three years’ probation with 30 days in custody.

Evans v. Shiomoto (Cal. Ct. App., Oct. 21, 2019, No. D073969) 2019 WL 5886970, at *1–7

The DUI stop, arrest and suspension

Evans was pulled over for driving with his off-road-only lights illuminated while on a “highway,” in violation of Vehicle Code section 24411. The officer observed signs of intoxication and Evans consented to a chemical breath test that registered a blood alcohol level above 0.08 percent.

People v. Cooper (July 18, 2019, No. B286201) ___Cal.App.5th___ [2019 Cal. App. LEXIS 648].

A jury convicted defendant and appellant Sheila Cooper of driving under the influence of alcohol causing injury within 10 years of a prior driving under the influence offense. On appeal, Cooper contends the trial court erred in denying her motion to suppress statements she made to police during field sobriety tests administered at the police station. Cooper claimed a violation of her Fifth Amendment rights under (Miranda).

The accident and Cooper’s demeanor

Governor Newsom has selected a technology consultant from Silicon Valley, Steve Gordon, to modernize the DMV’s decades old computer system which is in part responsible for the long wait times and dysfunction which has beset the agency. Anticipating long wait lines as Californians obtain Real ID’s- federally mandated identification cards-the Governor aims to restore trust in DMV operations after the agency mishandled the rollout of an automatic voter registration system.

Governor Newsom is thinking outside the box in not appointing a career bureaucrat to head to DMV, but a Silicon Valley outsider. It should be interesting to watch. Often times when people with business backgrounds enter government service, they run into trouble because they are not used to dealing with the general inherent governmental bureaucracies and inefficiencies. The DMV has long been mired in bureaucratic missteps and poor access.

Gordon applied for the job on the DMV website and the Governor credited his initiative and background at Cisco systems, where he was Vice President of technical services from 1993-2011. Gordon’s experience addressing things that were going wrong should help improve customer service at the DMV where wait times in excess of two hours is a regular occurrence. DMV Director Jean Shiomoto retired in December.Newsom took office in January and formed a “strike team” to fix the DMV, calling the department “chronically mismanaged.”

Everyone knows that certain offenses can result in your accumulating points on your California driver’s license, and everyone should know that those points are a serious matter as too many points in too short a span of time can result in the loss of your driving privileges. Most people know generally what kind of infractions result in points – things like speeding, reckless driving, drunk driving, hit-and-run, and having an accident where you’re at fault, to name a few.

However, it is possible to be completely sober, driving under the speed limit and be involved in no accident and still incur a ticket that results in points. How? One way it happens is when you’re ticketed for improper child safety restraint. As with any charge where points are on the line, always be sure to consult an experienced San Francisco DMV defense attorney to discuss the legal options available to you.

California Vehicle Code Section 27360 is the law that requires drivers to secure certain child passengers in a specific way. The law applies to all children under the age of 8 years old. For kids age 2 through 7, they must be in a proper car seat or booster in the vehicle’s back seat, unless they are more than 4’9” tall. For children under 2, they must be in a rear-facing car seat in the vehicle back seat. That rule also applies to older kids who are under 40 inches tall and under 40 pounds.

Everyone agrees that driving while distracted is a bad thing. What everyone does not agree on, however, is how best to go about encouraging drivers to put down their cell phones while behind the wheel. Currently, the California legislature is considering a bill that would increase the penalties associated with texting or otherwise using a phone while driving. As California lawmakers explore upping these penalties, it is important to keep in mind just how damaging these infractions can be for you financially. If you find yourself needing to challenge this kind of violation, be sure you have skillful San Francisco traffic ticket and DMV defense counsel on your side.

CBS Sacramento reported that, on May 16, a legislative committee passed Assembly Bill 47. As originally written, the bill would have tacked a point onto the license of any driver ticketed for texting or holding a phone while driving. The bill, however, has already undergone some changes. As currently amended, the bill says that you get a point on your license if your cell phone violation is your second within a 36-month period.

Of course, the option of traffic school may exist for you. If you are eligible for traffic school, then you can use that process to avoid having that point tacked onto your license. For those eligible, this means that you would not have a point added to your license unless you rack up at least three texting-while-driving violations in that 36-month window.

Uber and Lyft under increased pressure for more intensive background checks

Uber and Lyft have conducted their own background checks on drivers in most states with little or no oversight and have used lobbyists to shape legislation that would regulate how they perform background checks on drivers. However, under a demand for more protection for passengers from drivers’ with criminal records, many drivers are being terminated from driving for Uber and Lyft.

Uber background checks

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