California VC 23136 Violation

[bv88]

What is the name of your state (only U.S. law)? California

Scenario:
On August 31st I ran a 10k race for charity and after celebrated with my friends by drinking. This was at around 10:00 PM. I then waited til 2AM on Sept. 1st to drive home. I was pulled over at 2:30 in the morning for going 78MPH in a 65MPH zone. The officer asked if I had been drinking that night and I said I had at around 10 or 10:30 PM. (I am 20 years old). I was given the field sobriety tests which I passed (the officer that drove me home said I did) and was given the PAS test. I was not impaired at all but I still blew a .03. The officer cited me for VC 23136 Minor w/ Alcohol in System, and VC 22349 Speeding. They were both cited as infractions.

Questions:
This is my first time being pulled over for speeding, but I read that you can keep from getting a point on your DMV record if you go to traffic school. Am I still able to do this if my speeding infraction is coupled with the 23136 violation?

How many points is a 23136 violation on my DMV record, and how many years does it stay on my record?

Does a 23136 have a "springing" or "triggering" affect if I were to get a DUI in the future (not that I will ever let that happen!)? By this, I mean if I were to get a DUI in the future, could my 23136 violation be changed from an infraction into a "prior" DUI, subject to increased penalties?

Is a 23136 recorded on my criminal record?

I am a student at UCLA with straight A's, a job, and I want to be a lawyer. Considering that my BAC was not extremely high, would it be likely that I could get a judge to expunge the 23136 from my record?

>>>>If so, would I plead not guilty or no contest at my court date appearance?

I set up a DMV hearing, just in case. Is there any negative repercussions if I lose the hearing? (other than still having a suspended license) Court fees?

This is a more general question, but I kind of want to put things more in perspective. How serious is a 23136 violation? Is this going to ruin my future?
>>>>Or, is it worst case scenario, I lose my license for a year and have to pay more for insurance?


Thank you so much!

 

[CdwJava]

Am I still able to do this if my speeding infraction is coupled with the 23136 violation?

CVC 23136 is worth zero points on your license and is thus not something that can be addressed in traffic school. You should be able to attend traffic school for the 22349 violation, however.

How many points is a 23136 violation on my DMV record, and how many years does it stay on my record?

Zero and three.

Does a 23136 have a "springing" or "triggering" affect if I were to get a DUI in the future (not that I will ever let that happen!)? By this, I mean if I were to get a DUI in the future, could my 23136 violation be changed from an infraction into a "prior" DUI, subject to increased penalties?

I do not believe 23136 is priorable for future DUIs.

Is a 23136 recorded on my criminal record?

That depends on what "record" you are talking about. It should not be entered on to a state criminal offender record.

I am a student at UCLA with straight A's, a job, and I want to be a lawyer. Considering that my BAC was not extremely high, would it be likely that I could get a judge to expunge the 23136 from my record?

Good question ... though I don't know that expungement is necessary in that 23136 has only administrative penalties assigned.

I set up a DMV hearing, just in case. Is there any negative repercussions if I lose the hearing? (other than still having a suspended license) Court fees?

The worst thing that can happen is the same thing that would happen if you did not have the hearing - a suspension for one year or more.

This is a more general question, but I kind of want to put things more in perspective. How serious is a 23136 violation? Is this going to ruin my future?

Not too serious, and no. It's a problem only if you do not take heed. Cease the underage drinking and drinking and driving now or be prepared to suffer future, more serious consequences.

- Carl

 

[bv88]

Thank you so much!! And don't worry, I've learned a lot from this scary experience!

 

[ReformedMan]

As a potential lawyer, I would hope you cease with your disregard for the law. If you are 20, NO amount of drinking is ok.

 

[CdwJava]

I should also add that 23136 has a recommended fine and fee total of $266 according to the CA 2008 Bail and Fee Schedule. So, it is zero points and about $266 ... it should not generally appear on a state criminal history, though it will remain for 36 months after conviction on your public DMV history.

- Carl

 

[paguy88]

I should also add that 23136 has a recommended fine and fee total of $266 according to the CA 2008 Bail and Fee Schedule. So, it is zero points and about $266 ... it should not generally appear on a state criminal history, though it will remain for 36 months after conviction on your public DMV history.

- Carl

I thought DMV historys are not public? Unless you decide to relace the info to a 3rd party?

I am courious how long do points stay on your record in cali? wonder how PA does vs other states

 

[CdwJava]

I thought DMV historys are not public? Unless you decide to relace the info to a 3rd party?

I am courious how long do points stay on your record in cali? wonder how PA does vs other states

In CA you can go to the DMV, pay a fee, and get info on others license info and vehicle registration.

And the points remain for effectively 36 months here.

- Carl

 

[paguy88]

In CA you can go to the DMV, pay a fee, and get info on others license info and vehicle registration.

And the points remain for effectively 36 months here.

- Carl

wow really?

so if say I was divorced and wanted to get my Ex's DL record i could...

interesting

3 years for point to stay on record!

WOW

you guys are tuff. in PA you lose 3 points as long as you have had no traffic violations in a 12 month time fram from date of innocdent.

 

[tea295]

Update

I know this problem happened to you a while back but I literally had the same problem happen to me recently. What was the outcome? Please let me know. Thanks!!

 

[dave33]

I know this problem happened to you a while back but I literally had the same problem happen to me recently. What was the outcome? Please let me know. Thanks!!

If you have a question, start your own thread. The original poster of this thread hasn't visited in about 4 years. He will not be replying anytime soon.