J.K. Moran DUI Attorney Palm Springs, Palm Desert, Indio, Cathedral City, Desert Hot Springs, La Quinta, 29 Palms, Yucca Valley, Riverside, San Bernardino
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.
23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle..
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.
Mr. Moran was first admitted to practice in Pennsylvania, scoring in the estimated top 10 % of those who took the bar exam. Mr. Moran then distinguishing himself as a “Philadelphia Lawyer” at that city’s oldest law firm. Thereafter, Mr. Moran joined his family in California, where he passed the nation’s toughest bar exam on his first attempt. He then began a career in public law, holding positions including Staff Counsel to the California State Bar’s Law Revision Committees.
Former Prosecutor
As a former prosecutor, he served as City Attorney of the cities of Palm Springs and Rancho Mirage.
Drunk Driving Defense Specialist (DUI – DWI)
After leaving the prosecutor’s office, Mr. Moran has maintained a thriving DUI defense practice since 1982 at the same convenient downtown Palm Springs location. In fact, Mr. Moran is the “Desert’s DUI Specialist.” The best DUI Lawyer in Coachella Valley.
Have you or a loved one been arrested? It is important that you take prompt action to protect your rights.
Call J.K. Moran DUI Attorney, Drunk Driving Defense Specialist (760) 778-7777 You’ve probably just endured the worst day of your life, let us help…
We look forward to speaking with you. Serving Palm Springs, Palm Desert, Desert Hot Springs, Cathedral City, Rancho Mirage, La Quinta, Indio, Yucca Valley, 29 Palms, Coachella Valley, Riverside and San Bernardino.
With state of the art law offices in Palm Springs, the Moran Law Firm is successfully representing visitors and residents from all walks of life, including the rich and famous. This law firm offers you the added advantage of familiarity and winning experience in the local courts and at the Department of Motor Vehicles (DMV) in San Bernardino. Call within 10 days of your arrest so we can save your license! If you call immediately, we may even be able to stop the charges from being filed
Moran Law Firm J.K. Moran 777 Tahquitz Canyon Way, Suite 200-75
J.K. Moran serving Riverside,San Bernardino, Palm Springs, Palm Desert, Cathedral City, Rancho Mirage, La Quinta, Indio, 29 Palms, Yucca Valley, Coachella Valley
Details: Driver was weaving in and out of his lane at approximately 10:00 p. m. in Palm Springs. Within seconds of arriving at his home he was contacted by a police officer who had followed him home. The officer alleged that the client admitted to drinking up to eight beers and felt the effects of the drinks.
According to the police report, the driver was weaving, admitted to drinking up to 8 beers, said “I felt the effects of the drinks.” The jury found this driver not guilty.
serving Palm Springs, Palm Desert, Desert Hot Springs, Cathedral City, Indio, Rancho Mirage, 29 Palms, Yucca Valley, Riverside County, Coachella Valley
J. K. Moran has more than 30 years legal experience. During the last 15 years, he has specialized in defending people accused of drunk driving or driving under the influence. ( DUI – DWI ) He has many outstanding victories, including some of the most difficult cases in Riverside county history. Among the most noteworthy are the following cases… click to read more.
