Code v.c 23254 a

[Angelo]

Jurisdiction

California

Hi .I'm in probation on v.c 23601a driving on suspended lic. and I got pull over good license ,with no registration, no insurance,and .05% alcohol with breathalyzer. And revoked my drivers lic. He PhD 23254.a infraccion
probation.on 23252,and 23254, which and not in probation for that I did get a DUI on 2008 but is .been done classes and all. Can you let me know if it was a mistake from cop to revoke my lic.

 

[mightymoose]

VC 23252 and 23254 are a typos... either by you or the officer, but are easily corrected if it was his error. This would most likely be corrected long before you make your appearance in court.

The revocation of the license with the DUI is pretty much automatic but you are entitled to appeal hearings to get it back. You can contact DMV about this.

If your probation was NOT for 23152 then you should win your appeal, I would think.

If it is as you say then it seems the officer may have made a mess of things. You should have been cited for the insurance/registration issue and that's it. If you vehicle was towed/impounded you might be able to get the department to pay for that... depending on just how expired the registration was.

23154.
(a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).

(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).

(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.