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California Public Intoxication Laws

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MMany people assume that as long as they don’t get behind the wheel and try driving home they don’t have to worry about how much they drink when they go out. While the decision to never drive after you’ve been drinking is always wise, that doesn’t mean you can get a plastered as you want. There is always a chance that your night of heavy drinking at the bar could result in you getting arrested for public intoxication in California.

The good news is that if you simply have one too many while you’re at the bar, you probably don’t have too much to worry about. California lawmakers have made it obvious that the only time legal concerns and public intoxication combine is when you’re so heavily under the influence of drugs or alcohol that you’re unable to keep yourself and others safe.

For example, if you’re so drunk that you aren’t aware of traffic and start walking down the middle of the road, you’ll be arrested and charged with public intoxication. The same is true if you get so drunk while you’re at the bar that your normal mild-mannered nature abandons you and you start making threats or behaving in a lewd manner.

Public intoxication in California is a misdemeanor. If you’re convicted, the maximum sentence is six months in jail and/or a $1,000 fine. In many cases, the individual must perform a specified number of community service hours.

The good news about public intoxication is that it won’t impact your driving record. The bad news is that the charge could hurt your future. It’s possible that the charge will make it harder to qualify for scholarships, land your dream job, and be approved for an apartment rental.

The only way you can be charged with public intoxication is if you’re in a public area. That means the best way to avoid the charge is staying home when you decide you want to spend the evening drinking.


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Think Before Posting those Vacation Photos

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One of the best things about social media sites like Instagram, Facebook, TikTok, and Twitter is the ability to quickly post all of your photos so that your friends and family can admire them.

Those same pictures can also make you an easy and attractive target to anyone who is looking for a home to break into.

The problem with posting vacation pictures on your social media account is that if you’re posting those pictures while you’re still on vacation, you are literally telling any would-be burglar that your house is standing empty. This is especially true if you happen to answer a question about how long you’re going to be gone.

Don’t assume that posting vacation pictures is the only way you can get into trouble. The same is true if you make a comment about waiting for a flight, discuss an out-of-town business trip, or even a routine lunch date. Most importantly, don’t take advantage of the option some social media sites provide allow you to share your precise location with all of your friends and family.

Most people feel comfortable sharing vacation photos on social media accounts because they reason that they are all friends and that their friends would never steal from them. But take a moment to go through your current friend’s list. How many of those people do you really know and how many are people who you’ve simply met a few times at different events or through other friends?

The first thing you should do is change your account settings so that the only people who can see your posts are your friends and family. If you also use social media for a business, then create a separate account for your business and make sure you don’t include any of your travel plans on it.

The next thing you need to do is refrain from sharing information about vacation plans, weekend getaways, and more on social media. When it comes to posting the pictures, wait until you get home. When you do decide it’s time to post those holiday snaps, make it very clear that you’re already home and that life has returned to normal.

Don’t assume that just because you’re not actively posting your vacation photos while you’re away from home that you don’t have to worry. Make it very clear to anyone you’re traveling with that you don’t want to be tagged in any of their vacation photos.


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3 Signs That Your Child is being Victimized by a Bully

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Many of the kids who are returning to school this fall haven’t attended an actual school since March 2020. While this return is good in terms of reconnecting on a social level and regaining some normalcy, it also means that once again, parents are worried about bullies.

A single bully can do an enormous amount of damage to a child. They hit the child’s self-confidence takes can haunt your child for the rest of their life. In addition to psychological trauma, parents also worry about bullying and physical abuse.

Most kids don’t report bullying problems to their parents. Catching the early warning signs and putting together a plan of action takes a great deal of diligence, observation, and communication.

Pay Attention to Your Child’s Appearance Both Before and After School

The first sign that a child is being bullied is often changes to their clothing and overall appearance at the start of the school day versus the end. Yes, kids trade clothing and jewelry. Yes, kids rip, tear, and stain their clothing via innocent actions. However, if your child is consistently coming home looking bedraggled, or is hiding torn clothing, or constantly has items of clothing missing, it could indicate that your child has attracted a bully.

Look for Bruises, Cuts, and Scrapes

Active kids do get banged up while playing, but kids who are being bullied will often also be covered in cuts and bruises which is why you should ask how your child was injured. Not only should you pay attention to how they received the injury, but also to how they tell you about it. If the bruise was sustained while playing sports, your child will likely have an entire adventure regarding the wound. However, if they are quiet about the injury or try to hide it, it could indicate a bullying problem.

Changes in Personality

Kids’ personalities are in a constant state of flux. They go through stages of intense joy, irritation, and resistance. Sometimes these changes happen at a rapid-fire pace. What isn’t normal is for a happy, bubbly kid who likes school to go through a prolonged period of depression where they no longer want to socialize. It’s also unusual for your child to suddenly lose all interest in activities and friends that they have always loved in the past. Sudden and long-term changes often indicate a bullying problem.

If you notice signs that your child’s return to school has resulted in them being bullied, you’ll want to take a proactive stance before the situation leaves your child emotionally or physically scarred.


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4 California Bike Laws you Probably Don’t Know About

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Do you spend a lot of time biking in California? If so, there are some California bike laws you’re probably not familiar with.

Bikes and Crosswalks

Did you know that as a cyclist, you’re not supposed to stop your bike in the middle of a crosswalk? When you’re on a bike, you need to treat it the exact same way you would if you driving a car. Instead of pulling into the crosswalk, you’re supposed to stop at it. This gives pedestrians the opportunity and space needed to use the crosswalk.

Prep Your Bike For Nighttime Rides

If you’re cycling at any time between dusk and full-on morning sunlight, you need to have your bike properly equipped with enough equipment that motorists can easily see your bike. It’s not enough to simply rely on the reflectors the bike came with You should also have a red solid or flashing light attached to the back of your bike that can be easily seen from a distance of 500 feet away. On the front of your bike, you need to attach a white light that not only helps with your visibility but can also be seen from 500 feet away.

Ideally, you should wear clothing that has reflectors on it as well.

Keep One Ear Open

You see it all the time, cyclists cruising along with headphones in their ears, taking advantage of their ride to listen to audiobooks, songs, and podcasts. What you probably don’t know is that you can’t legally have two ears full of earbuds or be covered by a headphone while you’re cycling. CVC 27400 states that you must leave one ear uncovered while you’re riding your bike.

Stay Away from that Oversized Bike

If you think it’s okay to send your child out on the bike they haven’t quite grown into, or you’re tempted to purchase a massive bike you’ve been admiring each time you visit your favorite bike shop, you need to think again. California’s bike laws prohibit you from operating an oversized bicycle on public roads.

CVC 21201(c) states that, no person shall operate upon a highway a bicycle that is of a size that prevents the operator from safely stopping the bicycle, supporting it in an upright position with at least one foot on the ground, and restarting it safely.

Were you familiar with these bike laws?


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Tips for Kids Going Back to School

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The threat of your young child disappearing when they go back to school is far greater than you imagine. According to Child Find of America, approximately 2,300 children are abducted every single day in the United States. The National Center of Exploited and Missing Children reported that in 2020, an estimated 1 in 6 missing children were victims of sex trafficking.

Stranger danger and abduction prevention lessons are something you and your children should always be working on. With the start of school just around the corner, now is the time to sit down with your child and review everything they know about stranger danger and staying safe.

While you’re shopping for school supplies, use this time with your child to review the rules you should already have in place regarding accepting rides from strangers.

The rules your child should already be familiar with include:

  • Never get into a stranger’s vehicle
  • Always staying several feet away from a stranger’s vehicle
  • Knowing that if a person makes them feel even the slightest bit uncomfortable, that they should immediately seek out the assistance of a trusted adult

Abductors usually don’t bother with children who are traveling in packs, which is why it’s important to teach your child that they should always have a friend or two with them wherever they go. The more friends they have with them while walking home from school, playing in the back, and riding bikes, the safer they will be.

Now is the perfect time to teach your child how to be aware of their surroundings. This is something you should do by example. Put your phone in your pocket and actively survey your surroundings when you walk to and from buildings. Teach your child to notices is strange people are hanging around places like the playground. Teach them to be particularly aware if they notice that the same person shows up in multiple locations your child is at and to let you know about this person.

Make it very clear that it doesn’t matter if a stranger has candy, is saying they are lost/hurt, or has kittens/puppies to play with that your child is not to approach them. That their best course of action is leaving the immediate area and finding a trusted, familiar adult.

Teach your child to scream. If the worse does happen and a stranger approaches your child, the screams will cause the adult to quickly decide that your child isn’t worth the effort and they will flee the scene.

Don’t assume that just because your child is older that you no longer have to worry about abductions. According to the Missouri Child Identification and Protection Program, 81% of abducted minors were 12 years old or older.


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Getting Into Trouble for Vandalism in California

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California lawmakers have little patience for vandalism. The exact law dealing with the issue is Penal Code 594 PC which defines vandalism.

“Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:

  • Defaces with graffiti or other inscribed material.
  • Damages.
  • Destroys.

Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.”

Most people assume that vandalism is a deliberate act, such as spraying graffiti on the side of a commercial building, and in some situations, that’s certainly true. However, there have been many instances where vandalism has been added to other charges. In many of these situations, people had no intention of committing an act of vandalism and don’t even realize they have until their defense lawyer explains the list of charges that have been filed against them. An example of this is being charged for vandalism because you broke a window during a fight.

Even doing something as seemingly innocent as leaving a handprint in some wet cement can be considered an act of vandalism.

Don’t assume that a vandalism charge isn’t something you don’t have to take seriously. Yes, it’s a misdemeanor but a guilty conviction could result in you spending some time in jail. If you’re convicted of felony vandalism, the long-term impact the single incident has on your life could be huge.

Vandalism in California is a wobbler offense, meaning that it can be a misdemeanor or a felony. The only thing that determines which way the charge wobbles is the monetary amount to the damage. Don’t assume that you would have to do a lot of damage to be charged with felony vandalism. If your act of vandalism results in $400 or more worth of damage, you’ll be charged with a felony. Considering today’s cost, that’s not much vandalism.

If you’re convicted of misdemeanor vandalism, you could be sentenced to a full year in jail and asked to pay a $1,000 fine. In many cases, the judge will also order restitution. It’s common for community service and probation to be a part of the sentencing.

A guilt conviction for felony vandalism could end in a sentence that includes up to three years in prison and a $10,000 fine.

The reason the penalties connected to vandalism are so severe is that state lawmakers want people to stop and think about their actions beforehand. Throwing a few eggs at your neighbor’s house when you’re upset about them blocking your driveway might seem like a good idea until you realize that doing so could result in you being sent to prison.

When it comes to acts of vandalism you should always stop and think if the moment of satisfaction will be worth the potential fallout if you’re caught and convicted.


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Should You Open Your Door When Someone Knocks?

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There is a knock on your door. You stand beside the door for several seconds torn between the urge to open it and find out who is on the other side and a genuine concern that opening the door could jeopardize your safety.

Knocks in the Middle of the Night

The general rule of thumb is that if a stranger knocks on your door in the middle of the night, you shouldn’t let them in. Even if the person says that they are in trouble, keep your door locked. That does not mean you have to walk away from the situation. You can continue to speak to the individual through your locked door and you can also call for help.

The reason you should not open your door to a stranger in the middle of the night is that claiming to need help is an old con that thieves use to gain access to a home. Many people who were acting as Good Samaritans have been injured or killed after letting an allegedly injured person into their home.

Kids and Door Knocks

If you have children in your home, teach them that they should never open the door, no matter who claims to be knocking on it. Kids have a trusting nature and are excited to find out who is knocking on the door. This can lead to all sorts of trouble. Advise your child to inquire about the name of the person on the other side of the door and then to alert the responsible adult who is in the home.

If someone you know is coming to your home, ask them to use their cell phone and call you when they reach your home rather than knocking on your door and temping your child to open the door.

Use a Door Bell Camera

It’s a good idea to get a doorbell camera. These are great inventions. Even better than peepholes because you can view the footage on your smartphone, well away from the front door. Not only does the doorbell camera allow you to see exactly who is on the other side of the door, but it turns out to be a threatening or suspicious individual, you can show the footage to the police.

When it comes to people knocking on your door, especially people you don’t know, it pays to be cautious.


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Evacuating from Wildfires

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Wildfires are terrifying. Not only do they happen unexpectedly but they leave a path of total destruction in their wake. If there is a wildfire in your area, you should start preparing for evacuation as soon as you hear the news. Getting started early means you’ll be ready to go if the police do issue a formal evacuation notice.

Fill Up Your Gas Tank

When there is a wildfire in the vicinity, the last thing most people want to think about is gasoline, but taking a trip to the nearest gas station should be your first priority. Fill up your car’s gas tank so that it’s ready to go if there’s an ordered evacuation. The full gas tank allows you to quickly put a safe amount of space between you and the wildfire.

Secure Your Pets

If you have pets, you should plan on bringing them with you. The problem is that the smell of smoke and your anxiety changes their behavior. This makes it difficult to catch them. Rather than run the risk of them getting lose or you being unable to load them into the car, catch them as soon as possible.

Pack Your Vehicle

The next thing you need to do is pack your vehicle. The idea is to have everything ready to go so that as soon as the police issue an evacuation order, you can jump in your vehicle and hit the road. Items you should pack include water, some quick snacks, money, important papers, pet supplies, and enough clothing to get you through a few days.

Fireproof Your Home

Once you’ve prepared for a possible wildfire evacuation, you can go around your home and prepare it for a wildfire. While there isn’t a lot you can do to save your home if the wildfire reaches your property, you can do things that lower the risk. Simple things that can be done include moving anything flammable, such as gas cans, bags of leaves, and paint can at least 30 feet from your home’s foundation. Clear dead leaves from your gutters. Make sure there isn’t anything in your yard that could make it difficult for firefighters to reach your home.

Good luck and stay safe!


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Will Your California Driver’s License Automatically Be Suspended After a DUI?

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Getting a DUI is a traumatic event. One of the hardest things is that it impacts your life for a long time. For most people, the biggest challenge is losing their driving privileges. Many people assume that as soon as they’re convicted of a DUI they will lose their license for several months, but that’s no longer the case. Traditionally, a first-time DUI conviction resulted in a 6-10 month license suspension.

Yes, many people in California do have their license suspended following a DUI arrest, but some don’t realize that there is another option.

Few people know that it’s the California DMV, not the sitting judge, who determines what your driving privileges are following a DUI. Many people are surprised to learn that there will also be a DUI hearing that’s conducted by the DMV and it is during this hearing that post-DUI driving privileges are discussed.

The purpose of the DUI hearing is to decide what should be done with your driver’s license. One of the interesting things about current DUI DMV hearings is that the panel doesn’t always instantly order a license suspension. Starting in 2019, the DMV ruled that some drivers who were dealing with their first DUI charge would be allowed to continue driving, with restrictions, provided they were willing to have an ignition interlock device fitted to their vehicle. The reason for this decision is so that the person doesn’t have to worry about losing their job because they can’t get to work without a license. The other advantage of not automatically suspending a license was that it enabled parents to continue transporting their children to school and other activities. Currently, the DMV installs the IID on cars for about four months in first-time DUI cases. Second/third-time offenders will usually have to deal with the IID for one to two years.

To ask for the IID rather than a full license suspension, you have to contact the DMV and request a hearing. This request has to be placed within 10 days of your DUI arrest. Failing to do so will result in the automatic suspension of your license.

If you miss the 10-day window, the DMV will suspend your license and let you know how long the suspension will be in place.

The process of getting your license reinstated will involve:

  • Completing California’s DUI school
  • Providing the DMV with an SR-22 Insurance form
  • Paying a $125 reinstatement fee

All things considered, it really is in your best interest to contact the DMV shortly after you’ve been arrested for a DUI and booking a formal hearing.


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Safety Tips for College Students

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It’s the time of year when many young adults are preparing for their first semester of college. In most cases, this is the first time they have lived without the supervision and guidance of their parents. One of the things collegebound students should already be reviewing is how they can make sure that they have fun and manage to stay safe during their freshman year.

Always Be Mindful of Your Safety

The great thing about living in a dorm is that the close living quarters means forming a tight bond with many of the people living on your floor. The downside to living in a dorm is that the sense of family and friendship can cause you to become lax when it comes to your safety. The biggest problem many students encounter while living in the dorm is that they become so comfortable that they start neglecting to lock their doors.

From day one, get into the habit of locking your door and double-checking the lock each time you enter and leave your dorm room.

Establish the Buddy System

While staying in your dorm and only going to classes will keep you safe, it’s not much fun. Rather than locking yourself away, get into the habit of creating a buddy program when you go out. Make a deal with a few different friends that no one goes home without the others and to keep an eye on one another the entire time you’re out and having a good time.

Keep Your Phone Charged

Each time you leave your dorm room make sure your phone is fully charged and that it’s easily accessible. It’s your first line of defense if you get into trouble while you’re out.

Pay Attention to Your Surroundings

When you’re out and about, pay attention to your surroundings. Stay in brightly lit areas. Stick to areas that are populated and heavily patrolled by campus security. Keep your eyes on the environment rather than on your phone.

Get Your Own Drinks

It doesn’t matter if you’re at a party, relaxing in your own room, or at a local pizza place, always get your own drinks. You should also never leave your drink unattended. If for some reason you do have to walk away from your drink, discard the unfinished portion and get yourself a new one.

Don’t be Afraid to Contact Campus Security

If your friends leave without you, it’s better to contact campus security and have them give you a ride back to your dorm than to try to walk home alone. Remember, that they’re paid to protect you.

Following these safety tips and using common sense provides you with the tools needed to stay safe while also enjoying your first year of college life.

Establish Patterns for Contacting Loved Ones

While you don’t necessarily want to always use the same route for going to classes and parties, you do want to establish good patterns when it comes to checking in with friends and family. Checking in on a specific day of the week and close to the same time each time is a good warning system if something goes wrong. If you don’t check-in, they know that they should contact the authorities and have someone do a physical check on you.