CALIFORNIA DUI and CDL DEFENSE CENTER BLOG

CALIFORNIA DUI and CDL DEFENSE CENTER BLOG

What are the Potential Costs Affiliated with Being Charged and Convicted of a First-Time Misdemeanor DUI Offense In California?

by Attorney Felicia Woods-Yates on 03/12/16

What are the Potential Costs Affiliated with Being Charged and Convicted of a First-Time Misdemeanor DUI Offense In California?

I am often asked what type of expense is a client facing when he/she is charged, and if convicted of a first-time DUI offense.  The best advice I can give anyone contemplating driving a motor vehicle after having consumed any measurable amount of alcohol or drugs is the following:  Don’t do it!  Call for an Uber, Lyft, or traditional taxi ride, designate a driver ahead of time, or simply spend the night at the place you happen to find yourself that evening.

Having said all that, if you find yourself in the unfortunate position of facing a first-time DUI charge, I am going to breakdown the average prospective costs of being cited / arrested for same.  A first-offense misdemeanor DUI for an adult, age 21 or older, with a Blood Alcohol Concentration of .08% or higher, are as follows:

If you are charged only…

·         $350.00 Vehicle Towing & Storage

·         $170.00 Booking and fingerprinting

·         $2,500.00 Private Attorney’s Fees (for Court)

·         $500.00 Private Attorney’s Fees (DMV Admin defense)

·         $500.00 Forensic Toxicologist (to review blood or breath tests)

·         $4,020.00 TOTAL

 If you are convicted…

  • $1,923.00     DUI Fine & Penalty Assessments
  • $575.00      Alcohol First Offender Class
  • $125.00      DMV License Renewal (if DMV sustains suspension)
  • $10,150.00   Estimated Insurance Increases (over ten years)*
  • $12,773.00   TOTAL

 * A first-offense DUI conviction will remain on your DMV record for a 10-year period.

 If charged and convicted…

  • $16,793.00   GRAND TOTAL

 You can see that this can make for a very expensive “night out” or “social drink.”  The moral of the story, which you have heard many times due in large part to organizations such as MADD (Mothers Against Drunk Driving), is simply, don’t drink and drive – no matter what!  Not only is it a much safer alternative, it will also avoid a potentially costly impact to your personal finances.

Since everyone's DUI incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.

Can an individual be cited or arrested for a DUI violation while they are operating a motor vehicle on private property?

by Attorney Felicia Woods-Yates on 11/08/15

Can an individual be cited or arrested for a DUI violation while they are operating a motor vehicle on private property?...11/8/2015

The short answer is YES.  If you ask people, they will almost uniformly agree that a California driver may be cited or arrested for a DUI violation while on a public highway or roadway.  What people will not necessarily agree upon, is whether a California driver can be lawfully cited or arrested for driving under the influence while on private property.

Prior to 1982, California Vehicle Code (CVC) section 23152 made it illegal to drink and drive on California highways, and other areas open to the public - which meant a person drinking and driving on a private roadway would not be in violation of DUI laws.  CVC section 23152 was modified in 1982, to prohibit a DUI violation regardless of the location of the driving .  

In 1992, the California Court of Appeals issued a ruling in the case of People v. Malvitz (1992) 11 Cal.App.4th Supp. 9, which dealt directly with this issue.  A driver was arrested for DUI while driving on the premises of a private, locked, storage facility.  The Court upheld the conviction, stating that the inherent dangers of driving under the influence, outweighed considerations over whether a road was public or private.

Therefore, a person can and will likely be cited or arrested for a DUI which takes place on private property.  Here is the key...as long as the private property is accessible to the public (i.e.  the parking lot of your local Target store, or the drive-thru lane of your favorite In and Out Burger), then law enforcement would be allowed to patrol and cite or arrest someone for a DUI violation.

Since everyone's DUI incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates

What are some of the less commonly known (but no less important) rules in California as they pertain to a Commercial Driver’s License (CDL) holder?

by Attorney Felicia Woods-Yates on 07/11/15

What are some of the less commonly known (but no less important) rules in California as they pertain to a Commercial Driver’s License (CDL) holder?


There are many federal and state rules that affect drivers who operate a commercial motor vehicle (CMV).  The following are just some of the less commonly known rules and regulations:

·         You must be a California resident before applying for a California CDL

·         You must disclose all states in which you were previously licensed during the past ten years and surrender all out-of-state driver licenses (current or expired) when applying for a CDL

·         You are not allowed to have more than one license at a time.  It may cost you up to $5,000 (or jail time) if you violate this rule

·         You are supposed to notify your employer within 30 days of a conviction for any traffic violations (except parking) – whether you were driving a commercial or a non-commercial vehicle

·         Your home state’s department of motor vehicles must be notified within 30 days if you are convicted in any other jurisdiction of any traffic violation (a parking violation would be an exception to this rule) – again, regardless of what type of vehicle you were driving

·         You must notify your employer within two business days if any of the following occur:  a license suspension, license revocation, license cancellation, or you become otherwise disqualified

·         When you apply for a job, you are supposed to supply your employer with information on all the driving employment held for the past 10 years

·         You must surrender your hazardous materials endorsement to the state that issued your CDL within 24 hours under the following circumstances:

o   If you are convicted, indicted, or found not guilty by reason of insanity for a crime listed in Title 49, CFR, §1572.103

o   If you are committed to a mental health institution as specified in Title 49, CFR, §1572.109

o   If you renounce your U.S. citizenship

o   If you are found to be mentally defective by a Court of Law

·         ·         Employers are prohibited from allowing an individual to drive a CMV if they have more than one license or if your CDL is suspended or revoked. An employer may also be fined up to $5,000 (or receive jail time) - States share information about CDL drivers – they are connected to one computerized system.  The states have the ability to verify a person’s driving history...

Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.


What types of restrictions does California impose on Commercial Driver’s License (CDL) holders with respect to Hours of Service and Log Book entries?

by Attorney Felicia Woods-Yates on 05/11/15

What types of restrictions does California impose on Commercial Driver’s License (CDL) holders with respect to Hours of Service and Log Book entries? 

Anytime a CDL holder transacts or is involved in Intrastate Commerce, they must comply with California’s limitations on Hours of Service.  What do we mean by Intrastate Commerce?  You are deemed involved in this type of commerce, when you do not: 

  • Cross the California state line with your commercial vehicle.
  • Transport any cargo which originated from another state.
  • Transport any cargo who’s destination is outside of California.
  • Transport any hazardous substance or waste.  

Anytime a CDL holder transacts or is involved in Interstate Commerce, they must comply with Federal limitations on Hours of Service.   What do we mean by Interstate Commerce?  You are deemed involved in this type of commerce, when the cargo you transport: 

  • Originates outside the state of California.
  • It is destined for a location outside California.
  • Consists of any hazardous substances or wastes.
  • Involves any combination of the above. 

Here are the detailed rules regarding commercial service hours…

CALIFORNIA (Intrastate)

You may not drive for more than 12 hours following 10 consecutive hours off duty.  You may not drive after having been on duty for 16 hours. You may perform work, except for driving, after being on duty for 16 hours.

FEDERAL (Interstate)

You may not drive for more than 11 hours following 10 consecutive hours off duty. You may not drive beyond the 14th hour after coming on duty following 10 hours off duty.  You may perform work, except for driving, after being on duty for 14 hours.

For up-to-date Hours of Service rules, visit www.fmcsa.dot.gov or www.chp.ca.gov

In addition to the above, the California Highway Patrol is authorized to develop additional safety and driving regulations pursuant to CVC sections 34501 and 34501.2. 

A Log Book (a driver’s record of duty status) must record all of the driver’s hours. Drivers of commercial vehicles must be in compliance with the hours of service requirements of the Code of Federal Regulations (CFR), Title 49, §395.8 and the California Code of Regulations (CCR), Title 13, §§1201–1213. A duplicate Log Book must be in the possession of all drivers while driving, on duty but not driving, or resting in a sleeper berth. As mentioned in an earlier Blog, the Log Book must be presented for inspection immediately upon request by any authorized CHP employee, any regularly employed and salaried police officer, or deputy sheriff.

Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.

What exactly is the Implied Consent Law in California, how does it define a chemical test “refusal” by a DUI Defendant, and what are the potential penalties a person may face?

by Attorney Felicia Woods-Yates on 05/03/15

What exactly is the Implied Consent Law in California, how does it define a chemical test “refusal” by a DUI Defendant, and what are the potential penalties a person may face?

There is no doubt about the fact that the state of California has some of the toughest DUI laws in the entire country.  Since driving in the state of California is considered a Privilege, and not a Right, then the state requires all licensees to agree to the Implied Consent Law. 

The Implied Consent Law is defined in California Vehicle Code section 23612(a)(1)(A) which reads as follows:  “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcohol content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153...”  The last sections mentioned are where California sets forth their primary DUI laws.  Therefore, California law requires you to take a breath or blood test if you are arrested for a DUI, for the purpose of determining your blood alcohol content (BAC).

California Vehicle Code section 23612(a)(2)(B) further states that “If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice.”  This means that a person may also be arrested for driving a motor vehicle under the influence of any drug (prescription or non-prescription) in their system.  If you are suspected of a “DUID” or driving under the influence of drugs, then California Vehicle Code section 23612(a)(2)(C) provides that “A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood test will reveal evidence of the person being under the influence…”  This means that under the Implied Consent Law, you may be required to submit to a second chemical test (blood – or urine if blood test is not available) to avoid a “refusal” allegation.

These tests must be administered at or near the time of your arrest - and the officer must give you the initial choice between a blood or breath test. If neither blood nor breath tests are available, then you have to take a urine test.  If it turns out later on that the stop, investigation, or arrest were illegal, then your entire case, as well as any chemical test “refusal” will be dismissed.  The officer should also advise that a “refusal” may result in a fine, license suspension, and possible jail time, if convicted.  By the way, you do not have the right to consult with an attorney prior to submitting to a chemical test.

What Are The Potential Penalties A Person May Face?

1st Offense

2nd offense

3rd Offense

Refusal to take a required Chemical Test

1 year suspension of license

2 year suspension of license

3 year suspension of license

 The penalty also jumps to a three-year suspension for your third refusal or if you have had more than one reckless-driving or DUI conviction within ten years.  California Vehicle Code Sections 13353 and 14905 define the suspension periods and fine amounts. 

Should You Refuse To Take A Mandatory DUI Test After You Have Been Arrested? 

No.  Refusing a test does not offer any guarantees you won’t be convicted.  The District Attorney’s office may also use your refusal against you, by arguing that you must have known you were somehow impaired or intoxicated.  There is actually a California Criminal Jury Instruction that allows the prosecutor to argue that refusal to take the chemical test constitutes a “consciousness of guilt.” 

What Happens If You Have Not Been Placed Under Arrest Yet For DUI…Are You Still Mandated To Submit To Chemical Testing? 

Absolutely Not!  pre-arrest chemical test is called a Preliminary Alcohol Screening (PAS) – it is nothing more than another Field Sobriety Test (FST).  Since you are not required to submit to any FSTs, then you are not required to submit to the PAS device testing out in the field, or anywhere for that matter.  The PAS device is a hand held breath testing instrument that tests the level of alcohol in your breath.  The exception to this PAS option would be if you are a driver under 21 years of age or you were on DUI probation at the time you were stopped - if you fall into either one of these two categories, then you must submit to a PAS test.  Refusing to take a PAS test cannot be used against you in your criminal case – but, voluntarily submitting to a PAS test, as they say on television, can and will be used against you in a court of law.  Like the other FSTs, it is best to respectfully decline the PAS test.

Since everyone's DUI incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.

How does the San Bernardino County court system handle a failure to appear (“FTAs”) on traffic infractions involving violations, such as, speeding, littering, log book violations, out of designated lane, hazardous materials, exceeding 100 mph, etc?

by Attorney Felicia Woods-Yates on 04/26/15

How does the San Bernardino County court system handle a failure to appear (“FTAs”) on traffic infractions involving violations, such as, speeding, littering, log book violations, out of designated lane, hazardous materials, exceeding 100 mph, etc?

Our office has been representing commercial drivers (CDL holders) for over ten (10) years in the San Bernardino County Superior courts.  In the not too distant past, the court system here in the County used to give traffic defendants “another bite at the apple”, whenever they failed to appear (physically show up or post the bail amount due) in a timely manner at the respective court locations such a Barstow, Fontana, Joshua Tree, Rancho Cucamonga, San Bernardino or Victorville, wherever their case happened to be assigned.  They would be allowed to “appear” (by themselves or through an attorney), for example, as much as six months, nine months, or even a year after their assigned court date had past, and still be allowed to either post the bail monies owed (thereby entering a Guilty plea), or enter a plea of Not Guilty, and request that a Court Trial be set for their matter.  Well…those days are officially over!

Now, whenever a traffic matter is classified by the Court as an FTA status, California Vehicle Code (CVC) section 40903(a) allows the court to proceed under what is known as a Trial In Absentia – essentially, the Court will conduct a Trial in your absence.  CVC 40903(a) generally indicates that anyone who is considered an FTA, is thereby deemed to have elected or consented to a Trial by Written Declaration (In Absentia) upon any alleged infraction, as charged by the arresting or citing officer. 

Once an FTA charge (allowed under CVC section 40508(a)) has been added to a case by the court clerk’s office, unlike the old days, neither you nor an attorney can stop or suspend the process.  Once the judge has rendered a decision (which is generally always to find the individual Guilty), a person will have twenty (20) calendar days from the date the clerk’s office puts on the Certificate of Mailing (which is included with the Notice of Decision they will send a person) to request a Trial De Novo (New Trial) pursuant to CVC section 40902.  The request for a New Trial should be received by the clerk’s office no later than the 20th day after the date on the Certificate of Mailing.  In addition, the Court will now mandate that the person post the full bail amount originally owed, along with the $300.00 civil penalty assessment for failing to appear (which is allowed under California Penal Code section 1214.1), at the same time the person is requesting a New Trial.  So, for example, if your original bail amount owed was $285.00 (for Speeding in a Commercial Vehicle), then the Court would require that you post or pay ahead of time a total of $585.00, before the Court will even consider your request for a New Trial.  This of course, would be in addition to any attorney’s fees you may have should you decide to be represented in the matter.  If the above bail + penalty monies is posted, and your request for a New Trial is received in a timely manner, the Court will generally always Grant your request.

I have not yet mentioned the fact that the Court will also report your FTA to the Department of Motor Vehicles (DMV).  The DMV may then take their own independent action, separate from the Court, and seek to withhold, suspend, or revoke your driver’s license.  Of course, once you have been found Guilty under a Trial In Absentia , unless you post the bail/penalty monies and seek a New Trial, your conviction will also be reported to the DMV.  The moral of this blog posting is that whenever feasible, it is always better to either appear in person, post the bail amount owed (not recommended for commercial drivers or anyone concerned about negligent operator points, insurance increases, etc.), or hire an attorney to intervene, prior to your assigned court date.  

Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.

What types of traffic violations are classified as “serious” and thereby justifying the suspension or disqualification of a CDL or commercial driver’s license?

by Attorney Felicia Woods-Yates on 04/19/15

What types of traffic violations are classified as “serious” and thereby justifying the suspension or disqualification of a CDL or commercial driver’s license? 

Our law office is often asked under what types of circumstances a CDL holder may have their license suspended, or even permanently revoked.  Well, there are several scenarios that may lead to the temporary suspension of a CDL, and some that may lead to the permanent suspension of a CDL. 

The California vehicle code classifies “serious” traffic violations as  i) excessive speeding in a commercial (15 mph or more above the posted limit),  ii) reckless driving,  iii) improper or erratic lane changes,  iv) following a vehicle too closely,  v) traffic offenses committed in a commercial motor vehicle (CMV) in connection with a fatal traffic accident,  vi) driving a CMV without obtaining a CDL or having a CDL in the driver’s possession, and  vii) driving a CMV without the proper class of CDL and/or CDL endorsements.  Under these circumstances, a CDL holder would lose their license as follows:

·         For at least sixty (60) days if they have been convicted of two serious traffic violations within a three-year period involving a CMV

·         For at least 120 days for three or more serious traffic violations within a three-year period involving a CMV 

The Motor Carrier Safety Improvement Act (MCSIA) of 1999 also requires that a CDL holder to be disqualified from operating a CMV if the CDL holder has been convicted of certain types of moving violations in their personal vehicle.  If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to certain violations of traffic control laws (other than parking violations) you will also lose your CDL driving privileges as well.  The penalties are as follows:

·         If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to alcohol, controlled substance or felony violations, you will lose your CDL for one (1) year.

·         If you are convicted of a second such violation in your personal vehicle or CMV, you will lose your CDL for life.  

If your license to operate your personal vehicle has been revoked, cancelled, or suspended, the State of California will not issue a “hardship” license for a person to operate a CMV.  As a result of the foregoing, CDL holders should always consider contacting an attorney anytime a traffic citation is issued to them in the State of California.

Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.

What is an alcohol or DUI first-offender program, who must attend, and what organizations provide such programs to DUI / DWI defendants in San Bernardino County?

by Attorney Felicia Woods-Yates on 04/11/15

What is an alcohol or DUI first-offender program, who must attend, and what organizations provide such programs to DUI / DWI defendants in San Bernardino County?

First of all…the Alcohol and Drug Services (ADS) Administration is responsible for monitoring all County funded (whether Federal, State, and County funded sources) alcohol and drug services contract providers, and County-operated clinics, for compliance with State and Federal laws and regulations. The ADS certifies and monitors all providers of Driving Under the Influence (DUI) programs within the County.  The ADS is also responsible for investigating grievances on any County contracted ADS providers.  They may be reached at the following location:

Alcohol and Drug Services Administration, 303 E. Vanderbilt Way, San Bernardino, CA 92408; 1-800-968-2636 | (909) 386-8268

Whenever a first-time DUI defendant pleads guilty, is convicted, or plea bargains a DUI charge, the courts will generally always require the individual to attend an alcohol first-offender program.  The programs typically consist of a three (3) month, 30-hour alcohol, drug education, and counseling program.  The programs cost approximately $500 to $600.  If you are required to take a nine (9) month or eighteen (18) month program, then the costs will be higher. 

The general criteria for determining the length of your program is as follows: 

1.  If you are found guilty (convicted) of a first-time DUI offense within 10 years, and your blood alcohol content was less than 0.20%, then you must complete a state-licensed three-month, 30-hour program.

2.  If you are found guilty (convicted) of a first-time DUI offense within 10 years, and your blood alcohol content was 0.20% or higher, then you must complete a state-licensed nine-month, 60-hour program.

3.  DUI offenders convicted of two or more DUI offenses in San Bernardino County within 10 years, can look forward to the necessity of completing an 18-month “multiple-offender” program.  These programs are much more involved, and include a monitoring and bi-weekly interview component. 

What state-licensed programs are offered in San Bernardino County?  There are several County-based programs offered to DUI defendants. Here is a link to a pdf document listing current Approved Programs, revised as of March 3, 2017. 

BTW...these DUI first-offender programs are not like Traffic Violator Schools, which may mask a person’s underlying traffic conviction.  Instead, the DUI programs are a condition or requirement of your sentencing / probation.  At present, a DUI conviction will remain on your California driving record for ten (10) years.

Since everyone's DUI incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.

What can happen when a Commercial Driver or CDL holder violates California’s “Hands Free” or Texting Law?

by Attorney Felicia Woods-Yates on 03/29/15

What can happen when a Commercial Driver or CDL holder violates California’s “Hands Free” or Texting Law? 

Today’s technology makes it almost inevitable that you, your friends, and work colleagues, will be carrying around some type of an electronic mobile device in the form of a smartphone, electronic tablet, or both.  Therefore, California has enacted legislation to address the use of mobile devices while operating a motor vehicle.  Some studies have shown that driving while texting, or what my office refers to as a “DWT”, can have similar or greater effects than alcohol on a person’s overall ability to safely operate a motor vehicle.  This would be especially true while operating a commercial vehicle. 

Therefore, CDL holders need to be very aware of the potential penalties for being convicted of a violation of California’s “Hands Free” or Texting Law.  The penalties are as follows:  Regardless of the type of vehicle you are in at the time of a violation…  

  • You may lose your CDL upon conviction, for at least 60 days, if this is your second violation within a 3 year period, and receive one point on your driving record
  • You may lose your CDL upon conviction, for at least 120 days, for your third and subsequent violations within a 3 year period, and receive one point on your driving record 

It goes without saying, if you earn a living by driving professionally as a CDL holder, you should not just simply post bail and forfeit your day in court, just because you have been cited for a violation of California’s “Hands Free” or Texting Law.  As noted above, a second conviction over the course of a three-year period, would mean a CDL suspension, and in some cases, even the loss of employment.  Commercial drivers should contest any and all of these types of citations in court, preferably by hiring a competent attorney.

Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.

When are Commercial Drivers or CDL holders required to maintain a Log Book, and when must Log Book entries be presented to a law enforcement officer?

by Attorney Felicia Woods-Yates on 03/29/15

When are Commercial Drivers or CDL holders required to maintain a Log Book, and when must Log Book entries be presented to a law enforcement officer? 

California Law requires that a Log Book be maintained, which documents a CDL holders hours of service, whenever they are involved in Intrastate Commerce. Intrastate Commerce takes place when you do not engage in any of the following: 

  • Crossing the state line
  • Transporting cargo which originated from another state
  • Transporting cargo destined for outside of California
  • Transport any hazardous substance or waste (pursuant to Title 49, Code of Federal Regulations (CFR), §171.8) 

Federal Law requires that a Log Book be maintained by CDL holders whenever they are involved in Interstate Commerce.  A CDL holder is deemed to be involved in Interstate Commerce when the cargo being transported is characterized as follows: 

  • Originates out of state
  • Is destined for an out of state location
  • Consists of hazardous substances or wastes (pursuant to Title 49, CFR, §171.8)
  • Any combination of the above cargo classifications  

The California Highway Patrol (CHP) is also authorized to implement additional safety and driving regulations pursuant to California Vehicle Code sections 34501 and 34501.2.  A Log Book, or driver’s record of duty status, must record all of the driver’s hours while on duty.  A driver of a commercial vehicle must comply with the hours of service requirements as outlined by the CFR, Title 49, section 395.8 and the California Code of Regulations (CCR), Title 13, sections 1201–1213. 

A duplicate of the Log Book must be kept on the possession of each CDL holder whether they are actively driving, riding as a passenger while on duty, or resting in a sleeper berth.  When must a CDL holder present a Log Book to a law enforcement officer in California?  Immediately upon request by any authorized CHP employee, any regularly employed and salaried Police Officer, or any Deputy Sheriff.  Driving hours, due to public safety and other concerns, are treated very seriously by California (under the CCR) and by the Federal government (under the CFR).  Failure to present a Log Book in a timely manner, or having Log Book entries that are out-of-date or not current, are generally not correctable offenses in California, and base bail / fine amounts can range from a low of $238.00, to a high of $695.00 for a single offense!  They are also considered “pointable” violations under several California vehicle code sections.  Having said all that, it does not mean that these types of Log Book violations are necessarily irreversible.  My office has handled many of these types of cases, and based upon evidentiary and/or constitutional grounds, have been successful at obtaining dismissals of underlying Log Book charges.

Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action.  Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.


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The information presented on this website should not be construed as legal advice as it is presented as information only.  Nor does viewing the information contained on this website form an attorney-client relationship.  There is no substitute for consulting with an attorney regarding the specific facts of a legal matter.  Please note that substantive law and procedure discussed on this website may have changed as a result of legislation, judicial interpretations or changes in administrative policies or procedures.

Note:  This website is not intended to offer services to clients for any matter outside the jurisdiction of the State of California.