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Driving Offenses

A traffic stop can turn into a criminal case and a DMV case at the same time. I handle both, starting with the 10-day deadline to request a DMV hearing after a DUI arrest.

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  1. VC 23152

    DUI

    Misdemeanor or felony

    Driving under the influence of alcohol or drugs, or driving with a blood alcohol concentration of 0.08% or more.

    Exposure

    A first offense is usually a misdemeanor: up to six months in county jail, fines, DUI school, and a license suspension. Prior DUIs raise the range, and a fourth within ten years can be filed as a felony.

    VC 23152 · VC 23536 · Full guide →

  2. VC 23153

    DUI causing injury

    Wobbler

    A DUI where, while driving, you also broke a traffic law or drove negligently, and that caused bodily injury to someone else.

    Exposure

    As a misdemeanor, five days to one year in county jail. As a felony, 16 months, two, or three years in state prison, with added time for great bodily injury.

    VC 23153 · VC 23554

  3. VC 23103

    Reckless driving

    Misdemeanor

    Driving on a highway or in an off-street parking facility with willful or wanton disregard for the safety of people or property.

    Exposure

    Five to 90 days in county jail and/or a fine. If someone is injured (VC 23104), the range increases, and a case with serious injury can be filed as a felony.

    VC 23103 · VC 23104

  4. VC 14601

    Driving on a suspended or revoked license

    Misdemeanor

    Driving when you know your license is suspended or revoked. The specific section depends on why it was suspended, for example for a DUI (VC 14601.2).

    Exposure

    A first offense is generally up to six months in county jail and a fine, with mandatory minimums in some sections. Repeat offenses carry more time.

    VC 14601 · VC 14601.1 · VC 14601.2

  5. VC 20001 / 20002

    Hit and run

    Misdemeanor or felony

    Leaving the scene of a collision without stopping and giving your information. VC 20002 covers property damage only; VC 20001 covers collisions where someone is injured or killed.

    Exposure

    Property damage only (VC 20002): a misdemeanor, up to six months in county jail and a fine up to $1,000. Injury (VC 20001): a wobbler, up to one year in county jail or up to three years in state prison, and more for serious injury or death.

    VC 20001 · VC 20002

  6. VC 2800.1 / 2800.2

    Evading a peace officer

    Misdemeanor or felony

    Willfully fleeing a marked police vehicle with lights and siren. VC 2800.2 applies when the driving shows willful or wanton disregard for safety.

    Exposure

    VC 2800.1: a misdemeanor, up to one year in county jail. VC 2800.2: a wobbler, up to one year in county jail or 16 months to three years in state prison. Injury or death (VC 2800.3) carries longer prison terms.

    VC 2800.1 · VC 2800.2 · VC 2800.3

  7. PC 192(c) / 191.5

    Vehicular manslaughter

    Misdemeanor or felony

    Causing a death while driving, through an unlawful act or negligence. Gross vehicular manslaughter while intoxicated is charged separately under PC 191.5.

    Exposure

    Ordinary negligence: a misdemeanor, up to one year in county jail. Gross negligence: a wobbler, up to one year in county jail or two, four, or six years in state prison. PC 191.5(a): four, six, or ten years in state prison.

    PC 192 · PC 193 · PC 191.5

The ranges above summarize the statutes as maximums and minimums, not predictions. Enhancements, prior convictions, and the specific facts can change them, and many cases resolve with diversion, reduced charges, or dismissal. This is general information, not legal advice, and no outcome is guaranteed. Statute links go to California Legislative Information.

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Legal Lion

Criminal defense in Los Angeles County and Orange County. Direct representation from Raja Rafay Shahid. Legal Lion was founded in 2020.

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