Here are New Laws for 2012 that pertain to DUI and criminal defense:

First the bill that will likely have the largest impact: the legislature has amended Vehicle Code Section 42008.7 to create an infraction fine amnesty period.  The amnesty is from January 1, 2012 through July 1, 2012 and covers all fines due before January 1, 2009.  If you have a pre-1/2009 infractions you can obtain a 50% reduction in the fine amount if you take care of them before 7/1/2012.  This does not apply to parking tickets or reckless or DUI fines.  Counties are allowed to include misdemeanor fines in the amnesty, but so far most, including LA, have not.

The following bills effected DUI convictions:

Vehicle Code Sections 12813, 13353.3, 13353.4, and 23575 are amended to allow a person convicted of wet reckless (VC 23109 by 23109.5) to obtain a restricted license after a 90 day hard suspension upon the installation of an ignition interlock device.

Vehicle Code Section 23597 is amended to allow for a 10 year license suspension following a third DUI conviction within 10 years.  The court must find that the defendant meets certain criteria before imposing the 10 year suspension.  The defendant would be eligible for a restricted license if they didn't pick up any new drug, alcohol or driving on a suspended license convictions after 5 years.

Vehicle Code Section 2814.1 is amended and VC 2814.2 is added to prohibit the impoundment of vehicles at DUI/inspection checkpoints if the driver's only offense is not having a license. This amendment/creation also directs local law enforcement to return the vehicle to the rightful owner upon his presentation of proof of license and registration.  Additionally, this amendment/creation removes county level authority to conduct DUI/vehicle inspection checkpoints.

Other general changes in the criminal law include the following:

General realignment: what has been called the largest sweeping change in the administration of criminal justice in decades creates a third category of crimes: felonies punished by incarceration at county level. I blogged about this in September, but generally if you've been convicted of a non-strike, non-violent, non-registrable, felony that is not enhanced by PC 186.11, (see below) then you will serve your time in county jail. Realignment also does away with parole for non, non, non felons and institutes Postrelease Community Supervision.

Deadly Weapons: Supposedly without substantive changes the entire liturgy of deadly weapons (guns and not guns) has been shuffled around the Penal Code. Hint: Look Here.

Aggravate White Collar Crime: Penal Code Section 186.11 is amended to create an enhancement that will make those convicted of county level felonies ineligible for jail if they've fraudulently taken more than $100,000. The amendment also allows the DA to seize assets to preserve them for restitution.

PC 1203.4a(b) was added to allow discretionary dismissal of misdemeanor convictions if the person has complied with and performed sentence, in not then serving another sentence and is not under a new criminal charge.

Penal Code Section 26350 is added to make openly carrying an unloaded handgun a misdemeanor. There are a lot of very specific exceptions.

Penal Code Section 1111.5 is added to prohibit conviction on the uncorroborated testimony of a jailhouse snitch. This builds on other Penal Code Sections that are anti-snitch; PC 1127a requires cautionary jury instruction when snitch testimony is used, PC 4001.1 limits monetary payment of snitches to $50 and PC 1191.25 which requirese notification of the victim that the snitch has made agreed to snitch for a deal in their case.

Penal Code Section 166(a)(4) is amended to punish willful disobedience of the court's admonishment not to perform electronic research of the case as a contempt. Additionally, PC 1122 and 1128 are amended to add internet research or communication to prescribed activity by jurors.

Health and Safety Code Section 11362.83 is amended to allow municipal regulation of medical marijuana dispensaries.

Business and Professions Code 4145.5 and Health and Safety Code Section 11364 are amended to allow physicians to dispense up to 30 needles/syringes to an adult.

Welfare and Institutions Code Section 1916 sets up the voluntary tattoo removal program for inmates between the ages of 14 and 24.

If you have a question about the new laws for 2012 or any criminal or DUI issue, do not hesitate to call me at (213) 479-5322 or visit my websites for more information: DUI or General Criminal.