Los Angeles Driving Offenses – Frequently Asked Questions

A key concern for anyone who has been arrested for or charged with a driving offense is what effect a conviction will have on their driving privileges. Many criminal convictions, such as DUI offenses under California Vehicle Code § 23152, will trigger an automatic license suspension upon conviction. Even if a person is not convicted of DUI, the DMV may still try to suspend their driver’s license administratively. This suspension will automatically go into effect unless the driver requests a DMV Administrative Per Se hearing within 10 days of the DUI incident.

Convictions for other driving offenses may not trigger automatic suspensions, however they can add points to a person’s driving record. Under California’s DMV point system, if the driver accumulates too many points during a certain period of time, he or she may face a suspensions for being a “negligent operator.” Most misdemeanor driving convictions, such as reckless driving pursuant to Vehicle Code § 23103 or exhibition of speed under Vehicle Code § 23109(c), add two points to the defendant’s driving record, which may in turn trigger a “negligent operator” action with the DMV if there already are points on their driving record.

Car accidents are frequent occurrences and, by law, all drivers in California are required to carry automobile insurance policies in at least the minimum amounts. While drivers understand that causing or being involved in a car collision may open them up to civil liability, there are times that the driver can be charged criminally as well.

If a driver was involved in an automobile accident and was impaired at the time of the collision, and someone else was injured, the driver can be charged with DUI causing injury in violation of Vehicle Code § 23153. If another party lost a life because of the DUI offense, the driver can be charged with vehicular manslaughter under the influence in violation of Penal Code § 191.5(b) or gross vehicular manslaughter under the influence pursuant to Penal Code § 191.5(a) if the driving conduct was especially egregious.

Even if there was no drugs or alcohol involved, a driver who is involved in an auto accident that causes the death of another can be charged with vehicular manslaughter in violation of Penal Code § 192(c)(2), which is a misdemeanor, or with gross vehicular manslaughter pursuant to Penal Code § 192 (c)(1) if the driving conduct was grossly negligent. This is a potential felony and those convicted can be sentenced to prison.