What are protesters rights

What Are Protester’s Rights?

What are protesters rights

One of the great things about living here in the United States is that people can always speak their mind. The First Amendment to the Constitution grants every US citizen the right to freedom of speech and peacefully protest. This way, if someone doesn’t like something that is going on in the world, they can speak out against it and try to make a change.

While this law is a great one, there is often a bit of confusion around it. Sometimes people find themselves being arrested for what they believe to have been them exercising their First Amendment Rights. This is especially common during protests. The problem is that some people don’t understand what is and isn’t protected, and so they may overstep and do something they think is protected when, in fact, it is considered illegal.

The First Amendment to the Constitution

The US Constitution is what gives us citizens our many rights. The First Amendment to the Constitution grants citizens freedom of speech, freedom of the press, the freedom of religion, and the right to assemble/petition. This is the amendment that gives people the right to protest when they are upset about something.

The Amendment was a part of the Bill of Rights, which is the first 10 amendments to the Constitution. It was adopted into law in 1791 to protect the civil liberties of US citizens.

Where People Run Into Trouble

The problem that most people run into while protesting is that they start to break laws even though they think they are just exercising their right to free speech.

True, everyone has the right to free speech. However, no one is allowed to threaten the safety of others or to lie or slander other people. Threatening to hurt or kill people is never acceptable and is not protected under the First Amendment. Doing this will get a person arrested, and rightfully so. No one should ever be made to feel like their life is in danger. A protester is also not allowed to say things that could start a riot or other dangerous behavior.

People are allowed to gather and protest, as long as they do so safely and in designated public areas. Some acceptable places to protest include parks, sidewalks, public streets, public auditoriums, the steps of city hall, in front of government buildings, and on private property with the property owner’s permission. A person can protest in any of these locations without fear of arrest, so long as they are not exhibiting any unsafe behavior, such as blocking traffic.

Protesters still have to listen to orders given by peace officers whose jobs it is to protect people’s safety. Police officers are meant to keep people safe. If they are telling someone to stop acting in a dangerous manner, which can include disrupting traffic, disturbing the peace, or risking public health, the person needs to listen or they will be arrested.

A protester is allowed to peacefully express their opinions as long as they continue to follow other established laws. If they don’t do that, then they could be arrested for breaking those laws.

Laws Protesters Can Be Charged with in California

A person can get arrested while protesting if they start breaking laws. Some of the laws that are most commonly broken by protesters include:

  • PC 148: Resisting arrest. A person breaks this law when they resist arrest or obstruct an officer from arresting someone else.
  • PC 403: Disturbing a public meeting. A person breaks this law when they willfully disturb or break up a lawful public meeting.
  • PC 409: Failing to disperse. A person breaks this law when they stay at a riot or other unlawful assembly after being told to leave by a police officer.
  • PC 415: Disturbing the peace. A person breaks this law when they play excessively loud music, start a fight with someone, or use offensive language meant to start a fight.
  • PC 602: Trespassing. A person breaks this law when they enter or remain on private property when they don’t have permission to be there.

Everyone Has Rights

Here in the US, is a person doesn’t like something, they have the right to say so. They have the right to try and peacefully convince others of their idea. However, they do not have the right to do whatever they want while protesting.

While a person is protesting, they must remember other peoples’ rights as well. People have the right to go about their daily lives peacefully, they have the right to not be threatened with violence, and everyone has the right to speak their mind, even if their opinion is different.


How to properly pull over

How to Properly Pull Over

How to properly pull over

When a person is driving, there are a lot of things that they don’t want to happen. One of the big ones is getting pulled over by the police. When this happens, it means that the driver has done something wrong and is probably going to get a ticket. That is something no driver wants.

When a person is pulled over by the police, there are certain things they should and shouldn’t do. If a driver makes a mistake and does the wrong thing, they could actually get into more trouble. In order to help a person avoid getting into any extra trouble for what was probably just a small traffic violation, here is what a person should do when getting pulled over.

What to Do When Pulled Over

When a driver looks in their rearview mirror and sees a law enforcement vehicle flashing its lights at them alongside blaring their siren, they need to pullover. Regardless of what lane a person is driving in, they need to pull over to the right shoulder of the road, or into the nearest parking lot if it is a viable option. This needs to be done quickly, but safely. It is also recommended that a driver activate their hazard signals to indicate to the officer that they are going to pullover.

Once the person has pulled over, they should turn off their car’s engine, roll down their window, and turn on their interior lights if it is night. They should also extinguish their cigarette or get rid of the gum they are chewing just to be polite. As frustrating as it can be to get pulled over, it is important to remember that the officer is just doing his/her job. Being polite and understanding could help a person avoid getting a ticket.

While a person may not have any intention to harm an officer, the officer approaching the vehicle doesn’t know that. In order to avoid putting the officer on edge, a person should refrain from trying to get their license and registration before the officer arrives. Instead, the person should keep their hands on the wheel until the officer gets to the window. Once the officer is there, a person should listen to every order and do as they are told.

Never get out of a vehicle unless instructed to do so by the officer.

If the officer has reason to believe their might be contraband in the car, they can search the vehicle. However, they can only do that with good reason.

When an officer asks if the driver knows why they were pulled over, it is typically because they are trying to get the person to admit their guilt. Once a person does that, they cannot fight the ticket. No matter how a person decides to answer that question, and any others, they should keep everything short and to the point. Again, they should also be very polite, or they could make the situation worse for themselves.

What If the Car Is Unmarked?

Sometimes, officers use unmarked vehicles when they are out on patrol. In a perfect world, this wouldn’t be much of a problem. Unfortunately, the world isn’t perfect. There are bad people out there that try to pretend to be police officers to take advantage of innocent drivers. Due to this fact, a person needs to be cautious when an unmarked vehicle is signaling for them to pullover.

If a person is concerned about the legitimacy of the vehicle, they should not stop right away. Instead, they should signal that they have seen the request by activating their hazards and slowing their speed. However, they should not stop until they can get to a public, well-lit area. Once stopped, keep the doors locked and only open the window a crack.

A good idea in these situations is to call 911 and talk to the dispatcher. Walk them through everything that is going on and where this is taking place. From there, the person can also ask that a marked vehicle be sent to them.

If the person in the unmarked vehicle is behaving in an odd, aggressive, or just generally unprofessional manner, ask to see their badge. If they refuse, the driver should tell them they are calling 911 and then do that, unless they’ve done it already. If the person runs, don’t follow them. Instead try to get their vehicle’s license plate number, and as much information about the car and person as possible. Then give that all of that information to the police.

Real police officers understand this fear and need for caution. They will not penalize someone for not pulling over right away to an unmarked vehicle, or for asking for a marked car to show up.

Stop and Listen to Avoid Trouble

If the person conducts themselves accordingly, they will probably still get a ticket. However, by being polite and courteous, a driver does increase their chances of getting off with a warning. If a person disregards all of this and instead decides to argue with the officer and be generally uncooperative, they increase their chances of getting into much worse trouble. That is something no driver wants. Often times it is best to just take the ticket.


lynwood bail bonds domestic violence

What Are California’s Laws on Domestic Violence?

lynwood bail bonds domestic violence

When a person is interacting with someone that they care about and love, they typically want what is best for them. After all, they love that person. Unfortunately, that isn’t always the case. Sometimes the people that someone cares about most hurts them for no good reason, and it wasn’t an accident.

Loved ones attacking and hurting one another is more than just shocking and mentally damaging, it is also illegal. This is illegal within the state of California, just like it is illegal to attack anyone.

California’s Domestic Violence Laws

There are two laws within the state of California that layout what counts as domestic violence and what kind of penalties a person will face for committing the crime. The two laws are California Penal Codes (PC) 234(e)(1) and 273.5.

PC 234(e)(1) is known as the state’s Domestic Battery Law. Under this law, it is a crime for a person to willfully and unlawfully touch a certain person in a harmful or offensive way. The type of people that are included in this are:

  • A person’s spouse or former spouse.
  • A person’s cohabitant or former cohabitant.
  • A person’s fiancé(e) or former fiancé(e).
  • A person’s significant other or ex-significant other.
  • The parent of a person’s child.

A key note for this law, is the fact that it does not matter if the victim of the incident suffers any injuries, serious or otherwise. The only requirement for this crime is that the person used force or violence against someone from the above list.

PC 273.5 is the state’s Corporal Injury to a Spouse Law. Under this law, it is illegal for a person to willfully inflict a corporal injury, serious or minor, onto anyone from the same list as above. This law is similar to the above law, but applies when the victim suffers an injury.

Examples of corporal injuries include:

  • Broken bones.
  • Bruises.
  • Cuts.
  • Scrapes.

Together, these two laws cover pretty much every act of domestic violence and determine what kind of consequences a person will face if they break the laws.

The Penalties for Domestic Violence

The consequences for domestic violence here in California vary depending on the facts of the case and the person’s criminal record. For instance, if the victim didn’t suffer any injuries, than the defendant will face lesser consequences than they would have if the victim had suffered some sort of injury.

Under PC 234(e)(1), domestic battery is a misdemeanor offense. This means that a person found guilty of this crime will face:

  • Up to 1 year in county jail.
  • A max fine of $2,000.
  • Misdemeanor probation.

Typically, if assigned, the probation period will involve the person going to complete a 1 year batterer’s treatment program. This is simply a program to try and help teach a person to not harm their loved one’s in the future.

Sometimes, the court may decide to waive the fine and instead the convicted individual will have to pay up to $5,000 to a battered woman’s shelter and/or pay for any reasonable expenses that the victim might have had to pay as a result of the incident. This could include things such as counseling.

PC 273.5is what is known as a wobbler offense. This means that a person accused of this crime could face either misdemeanor or felony charges. As a misdemeanor offense, a person faces:

  • Up to 1 year in jail.
  • A max fine of $6,000.

As a felony offense, a person faces:

  • 2, 3, or 4 years in state prison.
  • A max fine of $6,000.

If the conviction for this occurs within 7 years of other felonies, including:

  • Corporal injury of a spouse.
  • Assault/battery resulting in serious injury.
  • Assault/battery with a caustic chemical.
  • Assault with a stun gun.
  • Assault with a deadly weapon.
  • Sexual battery.

Then the consequences for PC 273.5 increase to:

  • Up to 1 year in county jail or 2, 4, or 5 years in a state prison.
  • A max fine of $10,000.
  • Domestic Violence Is Against the Law

Getting hurt is always awful, but it is even worse when the person causing the pain is supposed to be someone that cares about you. That is what makes domestic violence so horrible, and why it is illegal here in California. Anyone who is caught hurting someone, especially someone close to them, will have to face the consequences.

If a person has found themselves in an abusive relationship and they are struggling to get out, they do not have to do so alone. There are places that can help. The National Domestic Violence Hotline is a free, professional, 24 hour service that can be reached at their website, www.thehotline.org, or by calling 1-800-799-7233. The website recommends that if a person suspects that their internet usage is being monitored, to call the hotline instead.

What do you think of California’s domestic violence laws and their penalties? Do the laws cover everything? Do the penalties match the crime, or do they need to be changed? Let us know what you think in the comments down below.


lynwood bail bonds beware of the irs mail scam

Beware of the IRS Mail Scam Going Around

lynwood bail bonds beware of the irs mail scam

Most people are just trying to live their life. They don’t want any trouble and do everything that they can to avoid it. Whenever some government official or law enforcement officer tells them to do something, they do it, often without question. Every law abiding citizen does that. Unfortunately, even that can get a person into trouble if they are not careful.

Sadly, there are people out there who don’t exactly follow the rules, and they like to cause trouble. Their favorite people to target are the ones who are afraid of causing trouble. These bad people create scams that trick good people into giving them money or risk getting into trouble with the law.

If people want to avoid something like this, then they need to be aware of all of the different scams out there and how scammers like to operate.

IRS Mail Scam

A common scam, especially around tax season, is for scammers to send letters to potential victims. The letters arrive via the United States Postal Service (USPS), which is one of the primary forms of communication that the IRS actually uses. This adds a layer of believability to the scam. The phony letters almost perfectly replicate Internal Revenue Service (IRS) forms stating that the person is behind on some type of payment or something of that nature.

The letters will often state that a discrepancy was found on the victims tax returns and that they owe the IRS some amount of money. One obvious red flag that people should be aware of when it comes to scams is that the scammer will try to intimidate the victim. This can be done in a number of ways, but often involves threatening to arrest the individual or getting the police involved. The IRS would never do that.

Another warning sign involves how they ask for payments. Often times, the scammers will request money be paid immediately and in certain, untraceable ways. This way, once they have the money, there is nothing the victim can do about it. Some preferred methods include:

  • Prepaid cards
  • Gift cards
  • Money transfers

The IRS would never demand money immediately, and they definitely wouldn’t accept these kinds of payments. Anyone asking or demanding for this kind of payment is clearly a scammer.

The Best Way to Be Sure

Probably one of the best ways to check on whether or not something claiming to be from the IRS is a scam is to just contact the IRS. If a person receives a letter in the mail stating there was a discrepancy on their tax returns and they are unsure of the authenticity of the letter, then they should call the IRS.

Finding contact information for the agency is as easy as going to their website: IRS.gov. A person can then call up and talk to someone who actually knows something in order to confirm whether or not the letter is real.

Contacting the IRS may not be the most fun thing in the world to do, but it is better to be safe than sorry.

Don’t Get Scammed

No hard working individual ever wants to scammed out of their money, but they also don’t want to get into any trouble with law enforcement. That fear of getting into trouble is what scammers feed off of. They want to scare their victims into acting without thinking things through enough to see the cracks in their scam. This is why it is always best for a person to take a step back and think things through. Doing so could easily help a person see the scam for what it is.

Have you received a letter claiming to be from the IRS that states you owe money on your taxes? If so, be sure to really examine that letter, and talk to the actual IRS to confirm the letter’s authenticity to avoid being conned.


Los Angeles crime rates are down

How to Keep Your Car Safe While Parked on the Street

Los Angeles crime rates are down

Parking is a very important aspect of a driver’s life. Whenever a person drives somewhere, they need to find a safe place to put their car while they are away from it. After all, no one wants anything to happen to their car while they are gone. This is especially true when a person is at home and may not need their car again for several hours.

If someone lives in a suburban or rural setting, then finding a good, safe spot to park the car is no big deal. However, in urban settings, many apartments do not have individual garages. This makes it so that a lot of people have to park along the street.

Parking on the side of a street isn’t always the safest place for a car. There are plenty of things that can go wrong, from the car getting hit by another vehicle, to someone breaking into the vehicle and stealing it. Luckily, there are tips out there to help a person avoid some of these less than desirable events.

Tips to Keep Your Car Safe While Parked on a Street

There are several things a driver can do to ensure the safety of their vehicle while it is left parked on the side of the road. Some of them are pretty obvious, but easily forgotten, while others require more thought.

For starters, finding the right spot is very important.

  • A driver should park close to their destination and avoid rarely parked in or empty areas. This reduces the likelihood of the vehicle or the owner becoming a target.
  • A driver should trust their instincts. If a parking lot or section of street doesn’t feel safe, then don’t park there and find somewhere else. Better to be safe than sorry.
  • Try to park near street lights. The light will provide plenty of visibility during the night and reduce the chances of someone messing with the vehicle or its owner.

The next set of tips involve how a car is left at its spot.

  • Activate the car alarm. Some cars don’t automatically have their alarms activated. Some need to have the lock button on the key hit twice to activate.
  • Always lock the car. Locking a car can become so second nature that people don’t notice if they do it or not.
  • Close all of the vehicles windows completely. Leaving windows open, even just a crack, makes it easier for crooks to get inside.
  • Don’t leave valuables in a car. If crooks see expensive items in the car, they won’t have much of a problem with breaking a window to access those valuables.
  • Use a steering wheel lock. While there are some crooks who know how to get past these locks, it is a deterrent. Why steal a car with a locked steering wheel when there is another car without a lock?
  • Use the emergency brake. Sometime crooks will try to roll cars away to a more secluded spot to mess with them. Using the emergency brake makes it so they cannot do that.

Laws That Could be Broken

Aside from simply trying to keep a car safe from being targeted by crooks, a driver also has to make sure that they don’t get into trouble with the law. There are all sorts of parking laws throughout the state, with many of them changing from city to city.

Some of the big ones for a driver to be aware of are:

  • Leaving a car parked for too long in a specified area.
  • Parking in a no parking zone.
  • Parking in front of a bus stop.
  • Parking on a bridge unless a sign states that it is allowed.
  • Parking on a sidewalk.
  • Parking too close to fire hydrant.
  • Parking within a crosswalk or intersection.

If a person parks in one of these areas, they could find themselves earning a ticket. This ticket would come with a small fine, dependent on which law exactly the driver broke by parking where they did, and no jail time. The vehicle could also end up getting towed.

In the event of parking too close to a fire hydrant, a driver could also come back to their car to find the windows broken because fire fighters needed access to the hydrant.

Park Safely

Finding a good parking spot can be a difficult task, especially in heavily populated areas. If a driver needs to park their car on a street, then they should follow the tips above. Doing so will help keep their car, and themselves, safe from crooks.

Following the above tips, and keeping local parking laws in mind, can also help prevent a person from getting a parking ticket too. No one wants to pay a fine because of where they parked.

Do you have any tips to help keep cars safe while they are parked on the side of the road? If so, share them in the comments down below and help other drivers out.


Bail Bonds in Compton Will Guide You Through Bail

Do You Need Collateral to Post Bail?

Bail Bonds in Compton Will Guide You Through Bail

There are a lot of different aspects to bailing someone out of jail. Some things, such as giving information about a loved one to a bail agent, are easier to understand. Other things can be completely new concepts to people. One example of this would be collateral. Some people have never heard the term before and have no idea what it means or how it applies to bail.

Collateral is something that often pops up when large sums of money are being loaned to others. In its simplest form, collateral is something of value that a client pledges as an insurance that they will pay back the loan. The collateral has to be equal to or greater in value to the amount of money loaned. If the client fails to pay off their loan, then the company keeps the pledged collateral as payment for the loan.

Collateral can be any sort of item as long as both the client and the company agree that it has value. The larger the loan, the more valuable the collateral has to be. Some examples of collateral include jewelry, cars, and homes.

When it comes to bailing someone out of jail, a lot of bail bond companies require their clients to pledge something as collateral. This makes an already stressful situation even worse. Luckily, there is an alternative, just contact Lynwood Bail Bonds. We don’t require collateral on most of our bonds. More often than not, we just need the signature of a working co-signer.

Some of the other services we provide for our clients include:

  • 24/7 Bail bond service
  • 20% Discount
  • Phone approvals
  • 0% Interest payment plans
  • No hidden fees
  • No collateral with working signer
  • Se habla Español

When you need help with bail, you can always count on Lynwood Bail Bonds. Unlike our competitors, we don’t require collateral on all of our bonds. In most cases, we are happy with just the signature of a working co-signer. We don’t want to stress our clients out by requiring collateral.

For more information on collateral and bail, feel free to talk to a bail agent by calling (323)357-0575 or clicking Chat With Us now.


lynwood bail bonds what counts as distracted driving

What Counts as Distracted Driving?

lynwood bail bonds what counts as distracted driving

Pretty much every driver out there is aware of that the fact they should not drive while distracted. Some of the worst culprits for causing distractions behind the wheel, are smart phones. These amazingly useful handheld devices allow a person to access the internet and everything held within it. Unfortunately, that is a very dangerous thing to do while driving.

Distracted driving can be deadly, which is why it is illegal here in California. Unfortunately, despite knowing this, many drivers are still very guilty of putting themselves at risk by driving while distracted.

California’s Different Distracted Driving Laws

As far as California law is concerned, there are two different ways that a person can get into trouble for distracted driving. How a person is charged is dependent on what activity they were performing when they should have been focusing on the road in front of them.

California Vehicle Code (VC) 23123 is the state’s cellphone and handheld device use while driving law. This law makes it illegal for anyone to use a cellphone, or other handheld electronic device, for any reason while driving. However, there are a few exceptions to this law:

  • Drivers are allowed to use devices if they are setup for a hands-free mode.
  • Drivers are allowed to use phones while driving if they are calling 911.
  • Emergency services drivers are permitted to use cellphones while driving.
  • This law doesn’t apply to drivers driving on their own personal property.

VC 23124 is similar to the above law, but is directed at minors, anyone under the age of 18. This law states that any driver under the age of 18 is never allowed to use a cellphone or handheld device while driving, regardless if it is in a hands-free mode or not.

VC 23103 is the state’s law surrounding reckless driving. This law makes it illegal for a person to drive on any road or parking area with wanton disregard for the safety of people or property. Law enforcement officers can sometimes use this law as another way to charge a driver with distracted driving. While the state’s distracted driving law only mentions driving with cellphones, distracted driving can mean all sorts of different activities.

Some acts that can be distracting while driving include:

  • Applying makeup.
  • Changing clothes.
  • Eating.
  • Looking for something in the back seat.
  • Petting an animal.
  • Reading a book or newspaper.
  • Talking.
  • Watching a movie.

All of these activities detract from a driver’s focus on the road, thereby making them dangerous to do while behind the wheel.

Penalties for Distracted Driving in California

The legal penalties a driver can face for distracted driving vary depending on the law they have been charged with and how severe the incident was. For instance, a person accused of VC23123 will only face infraction level charges. This means the driver won’t face any jail time, but will have to deal with a $20 ticket for a first time offense, and a $50 ticket for any subsequent offenses.

If a minor is caught breaking VC 23124, they will face the same fines as an adult would.

If someone is charged with VC 23103 for distracted driving, they will likely face misdemeanor charges, unless someone was injured. Misdemeanor charges for this law come with:

  • 5 to 90 days in county jail.
  • A max fine of $1,000.
  • 2 points on the driver’s record.

The Dangers of Distracted Driving

Distracted driving is very dangerous. In fact, some studies have found that distracted driving is even more dangerous than driving while drunk. This seems to be due to the fact that drunk drivers are still trying to focus on the task of driving. Meanwhile, distracted drivers are only giving half of their attention to the task. This makes them much more likely to get into an accident, which could have very serious consequences.

On top of distracted driving being incredibly risky, it can also get a person into legal trouble. Who would want to get a ticket, or face possible jail time, just because they were eating or applying makeup behind the wheel of a vehicle? A driver needs to focus primarily on driving and getting to their destination safely.

What do you think of California’s different approaches to distracted driving? Are the laws and how they are applied fair, or do you think they need to be readjusted? Let us know what you think in the comments down below.


lynwood bail bonds california loitering laws

California Loitering Laws

lynwood bail bonds california loitering laws

NPretty much everyone has seen a sign telling people that loitering is prohibited in a certain area. However, not everyone knows or understands exactly what loitering means. On top of that, how much trouble can a person actually get into for loitering? Is it a big deal? The answer to that depends on how exactly the person was loitering.

Laws on Loitering Here in California

For those who don’t know, loitering is the act of lingering in a private or public place for no apparent reason. The key to this definition is that the person has no reason to be in the area. This means that if a person is hanging out waiting for someone, they are not actually loitering, even if it may appear that way to someone else.

Most businesses don’t like loiterers because they can scare off potential customers, but as it turns out, the act of loitering in and of itself is not a crime in the state of California. However, if the person is attempting to do something else while loitering, they can get into some legal trouble.

There are 5 different state laws that are concerned about loitering:

  • PC 303a “Loitering to solicit the purchase of alcohol” – It is a crime for a person to ask people to buy alcohol for them, especially when they’ve been cut off from a bar or are a minor.
  • PC 416 “Failing to disperse” – Failing to leave a place after being ordered to do so by a police officer is a type of loitering that can get a person in trouble. This is due to the fact that the officer has asked/ordered the person to leave and they have failed to do so.
  • Penal Code (PC) 602 “Trespassing” – Entering and lingering on someone else’s property without their permission can be seen as a type of loitering that can get a person into trouble.
  • PC 652b “Loitering at a school” – It is a crime to loiter at a school, or any other place where children often get together, if a person has no reason to be at that location, or they are planning to commit a crime such as kidnapping.
  • PC 653.22 “Loitering with intent to commit prostitution” – This one is pretty self-explanatory. Prostitution is illegal and so hanging around a place to commit prostitution is also illegal.

Basically, any time a person is hanging out in an area with the intent of committing a crime that is why they can get into trouble for loitering. It is the crime the person is planning to do that gets them into trouble, not so much the act of loitering.

Penalties for Loitering

If a person is accused of breaking any of the above loitering laws, they face misdemeanor charges. This means that a person faces the following penalties:

  • Up to 6 months in county jail.
  • A max fine of $1,000.
  • Misdemeanor probation.

Most of the time, loitering isn’t a big deal, and as such, the consequences for the various loitering crimes are relatively light.

The Intent to Commit a Crime Is Illegal

While hanging around a place for no apparent reason is not a crime, doing so with the intent of committing a crime is illegal. It is the intent a person has that can get them into trouble. As long as a person has a reason to be in an area, and hasn’t been asked to leave, they are typically within their rights to stay there.

What do you think about California’s laws surrounding loitering? Are they fair, or are they too small for the crime? Let us know what you think in the comments down below.


lynwood bail bonds can you refuse a breathalyzer

Can You Refuse a Breathalyzer?

lynwood bail bonds can you refuse a breathalyzer

With all of the driving that people do every single day, it can be easy for everyone to forget that driving is a privilege, not a right. As such, there are all sorts of things that a driver has to do in order to retain their privilege of having a driver’s license. Most of these things are pretty obvious, such as following driving laws.

Despite the obvious things that people have to do, there is one thing that some people don’t realize they agreed to the moment they got their license. This task would be agreeing to take a breathalyzer test whenever an officer asks.

California Vehicle Code 23612

While people are right in assuming that tests can only be performed on them if they give their consent, they fail to realize that they already gave their consent for a breathalyzer test. Implied consent to a breathalyzer is given the minute a person obtains their driver’s license. Just by getting a license, a person has agreed to take a breathalyzer test whenever a police officer asks for one.

This means a person cannot refuse to submit to a breathalyzer test. If a person does, they are going to face some serious consequences, likely in addition to DUI charges. The arresting officer should warn the person of these consequences of refusing to submit to a breathalyzer.

All of this is laid out in California Vehicle Code (VC) 23612, which states that drivers have given their consent to chemical testing of their blood or breath to determine their alcohol content if they have been lawfully arrested.

Penalties of Refusing a DUIA

Under VC 23612, a person faces the following penalties:

  • A fine.
  • Mandatory imprisonment if convicted of DUI.
  • Suspension of driver’s license for 1 year. A person can face longer suspensions if they have one or more DUI’s in the last 10 years. Can be avoided if the driver agrees to have an Interlocking Ignition Device installed into their car for 1 year.

The other thing to remember with this law, is that it is often in addition to a DUI charge, as well as anything else the officer might charge the person with. This means the penalties can add up really quick.

Refusing Just Makes Things Worse

Refusing a breathalyzer test is never a good idea. Often times, it simply makes a driver look even more guilty than they already are. A person has to remember that a breathalyzer is not the only way a police officer determines if a driver is drunk. They can also conduct a field sobriety test, and make simple observations about the driver. Some warning signs of a driver being drunk that an officer can observe include: slurred speech, red eyes, and an unsteady walk. Refusing the breathalyzer can even be used against a person in court.

Luckily for most people, they don’t have to deal with this law, because they know better than to drive drunk. What do you think of California’s law against refusing to submit to a breathalyzer? Is it acceptable, or too much? Let us know in the comments down below.