cvc 23140 CA HELP!!! PLEASE

[thisisj0]

HEllo everyone im 19 years old and was caught drinking. i was charged with cvc 23140 which is an infraction. I went into court today and he told me the fine was 369 dollars and that the dmv would suspend my liscence for a year. I am in desperate need of some info here guys.

I am a full time student and i work part time. what are the rules for getting a restricted liscence. I really need to know if i quailify for getting one so i can act on it asap. Driving for me is a necessity academicly and financially. I live in mission viejo CALifornia, work in Long Beach, and attend school in mission viejo and Irvine. PLEASE HELP!

[Zigner]

Originally Posted by thisisj0

HEllo everyone im 19 years old and was caught drinking. i was charged with cvc 23140 which is an infraction. I went into court today and he told me the fine was 369 dollars and that the dmv would suspend my liscence for a year. I am in desperate need of some info here guys.

I am a full time student and i work part time. what are the rules for getting a restricted liscence. I really need to know if i quailify for getting one so i can act on it asap. Driving for me is a necessity academicly and financially. I live in mission viejo CALifornia, work in Long Beach, and attend school in mission viejo and Irvine. PLEASE HELP!

First - what kind of help have you sought out for your drinking problem?

[FlyingRon]

You might look at the Ca DMV page, here I'll give you a good hint:

http://www.dmv.ca.gov/dl/driversafety/dsadminvscriminal.htm#restr

For someone who is such a serious student as you googling "california restricted license" shouldn't have been that much of a stretch. Try posting when sober.

[thisisj0]

hmm i wouldnt say i have a drinking problem. i wasnt drunk while driving i just had a little bit in me. .05 to be honest. and judge did not tell me to enroll in any class but would it help if i was enrolled in one when it comes to applying for the restricted liscence?

[CdwJava]

Originally Posted by thisisj0

I am a full time student and i work part time. what are the rules for getting a restricted liscence.

Here is the law in CVC 13353.7:

[url]http://www.dmv.ca.gov/pubs/vctop/d06/vc13353_7.htm[/url]

- Carl

[FlyingRon]

Originally Posted by thisisj0

hmm i wouldnt say i have a drinking problem. i wasnt drunk while driving i just had a little bit in me. .05 to be honest. and judge did not tell me to enroll in any class but would it help if i was enrolled in one when it comes to applying for the restricted liscence?

You are dangerous denial that indicates signs of continuing alcoholism problem.

For those old enough to drink, .05 is enough to be drunk. It's not per se evidence of intoxication but it is an impairment.

For those who are not old enough to drink, it is far above what you should ever even accidentally have in your system.

I suggest two things:

1. Complete abstinance until you are legally able to drink.
2. Compliance with the rest of the CaDMV reaquiremensts.

[Ajosin]

Originally Posted by FlyingRon

You are dangerous denial that indicates signs of continuing...

*fill in the ... with whatever kind of addictive behavior you want to accuse someone with via a circular argument*

I seriously doubt this 19 year old person is an Alcoholic. A high percentage of college students consume alcohol. However, most alcoholics do not have a college education (see [url]http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1694736[/url]). Also, it is unlikely that this young student who is now worried about how to get to class and survive financially is an Alcoholic since the main symptoms of alcoholism are depression and severe apathy towards the subject's life situation.

I think the following description more closely resembles reality: This person's life has suffered a severe irreversible setback. They may have to drop out of college and see their hopes and dreams crushed courtesy of unnecessarily harsh DUI penalties imposed on average citizens who never really posed a danger to anyone.

[CdwJava]

Originally Posted by Ajosin

since the main symptoms of alcoholism are depression and severe apathy towards the subject's life situation.

Say what?

While I agree that a single 23140 pop is not proof of alcoholism, but depression and apathy are NOT the "main symptoms" of alcoholism.

They may have to drop out of college and see their hopes and dreams crushed courtesy of unnecessarily harsh DUI penalties imposed on average citizens who never really posed a danger to anyone.

Uh ... 23140 CVC is an infraction with a fine and fees of about $380 and is NOT a DUI - it is a zero tolerance for underage drinking and driving offense. If convicted his license will be suspended until he completes the appropriate counseling program. And while it does not suffer the full range of penalties as a true DUI it IS priorable for future DUI convictions.

So, if he pays his fine, does his classes, and keeps his nose clean, this will be no huge thing.

- Carl

[thisisj0]

the last two posts were vary reassuring thankyou

as for the rest...
im not an alcoholic are you kidding me.
I am in college and yes alcohol does seem to make its way around me when i go out.. but by no means am i one who would even be classified as an alcoholic.

Now back on subject....

Would enrolling in an drunk driving class even though it was no required by court help my chances of getting a restriced liscence?

[Ajosin]

Originally Posted by CdwJava

Say what?

While I agree that a single 23140 pop is not proof of alcoholism, but depression and apathy are NOT the "main symptoms" of alcoholism.

I must insist; depression is the main symptom of alcoholism. For example, see [url]http://www.ipass.net/a1idpirat/Alcoholism-Depression.html[/url]. In the scientific community the accepted mechanism by which a psychoaddictive drug establishes itself consists of the following chain reaction,

1. Body receives drug which alters mental state.
2. Body tries to compensate for drug in self defense.
3. After habitual use, the body adapts to drug while in self-defense mode.
4. Changes that occurred while body was fighting the drug make the Body very uncomfortable while sober.
5. Body increasingly seeks the drug to alleviate the very-uncomfortable-while-sober feelings rather than to enter an altered mental state (it should be self-evident that at this point the subject has become an addict and entered an infinite loop).

For example, an alcoholic's repressive system will grow strong trying to overcome the effects of alcohol. Eventually, an alcoholic will feel normal when drunk (instead of euphoric) and depressed when sober (instead of normal). They will seek alcohol to treat the main symptom caused by their strengthened repressive system; depression.

Originally Posted by CdwJava

Uh ... 23140 CVC is an infraction with a fine and fees of about $380 and is NOT a DUI - it is a zero tolerance for underage drinking and driving offense. If convicted his license will be suspended until he completes the appropriate counseling program. And while it does not suffer the full range of penalties as a true DUI it IS priorable for future DUI convictions.

So, if he pays his fine, does his classes, and keeps his nose clean, this will be no huge thing.

- Carl

I disagree. A 23140 CVC with 0.05 BAC carries a minimum drivers license suspension of 1 year (source [url]http://www.lapdonline.org/prevent_crime/content_basic_view/7743[/url]). It can also show up on background checks that future colleges and employers may perform. Sounds like a full blown DUI to me. In short, this young person's future has been seriously compromised despite the likely fact* that he/she never put anyone at risk: it has been shown that as long as you have had a good nights sleep, a 0.05 BAC is no more distracting to the brain than talking on a cell phone while drivingsource [url]http://www3.interscience.wiley.com/cgi-bin/abstract/109865408/ABSTRACT?CRETRY=1&SRETRY=0[/url].

*thisisj0, did you sleep more than 5 hours the night before your 23140 CVC?

[CdwJava]

Originally Posted by Ajosin

I must insist; depression is the main symptom of alcoholism.

And there is ample evidence to the contrary. In fact, most alcoholics are NOT "depressed" ... they may suffer from bouts of depression while drinking and even when not drinking, but one does not lead to the other.

If you google the terms you will find opinion all over the board. While depression may be A symptom, it is not a MAIN symptom.

I disagree. A 23140 CVC with 0.05 BAC carries a minimum drivers license suspension of 1 year

I never said it did not. However, the fines and associated penalties (including mandatory jail time upon conviction) are not present.

It can also show up on background checks that future colleges and employers may perform.

Possibly ... IF the background company checks public records and IF the county where the conviction was made places these records on-line ... AND provided that the driver was not under 18. In CA state criminal history records are confidential to private employers and the public, only court records can be released and not all of them are ... some counties do not regularly pass on this information. And, since this is an infraction, it need not even be disclosed as a conviction on an application for employment in CA.

Sounds like a full blown DUI to me.

Read up on the potential penalties. It is not.

In short, this young person's future has been seriously compromised despite the likely fact* that he/she never put anyone at risk: it has been shown that as long as you have had a good nights sleep, a 0.05 BAC is no more distracting to the brain than talking on a cell phone while driving

I suppose the fact that the driver was UNDER 21 is of no concern?

Besides, this is not a forum for what the law SHOULD be, it is a forum for the law as it IS. Currently, the penalties for 23140 are far less than for 23152 ... lesser fine, no jail time, and no criminal history.

- Carl

[thisisj0]

i recieved about 9 to 10 hours of sleep that night.

No work in the morning