New California Driving Laws for 2008

New Laws for 2008 - Driver License

Unless otherwise indicated, these new laws become effective on January 1, 2008.

Driving Under the Influence Repeated Offense Operative January 1, 2009

• Makes it unlawful for a person who is on probation for a driving-under-the-influence offense to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater.


• Imposes an admin per se driver license suspension on persons found to violate this prohibition.

Medical Examination for Special Certificates

• Authorizes the medical examination for an original or renewal certificate to drive a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle to be given by a licensed, advanced practice, registered nurse qualified to perform a medical examination or by a licensed physician assistant.

Reporting Abstract of Record of Court

• Reduces the time in which the clerk of a court is required to forward to DMV an abstract of the record of the court from 10 to 5 days after conviction or sentencing.

Required Declaration on an Original or Renewal Application for a Driver License Operative July 1, 2008

• Requires an applicant as a condition of obtaining or renewing a driver's license to sign a declaration acknowledging that a driver may be charged with murder if a person is killed as a result of driving under the influence.

Smoking in Vehicles With Minor Passengers

• Makes it an infraction punishable by a fine not exceeding one hundred dollars ($100) for a person to smoke a pipe, cigar, or cigarette in a motor vehicle any time a minor is present in the vehicle.

Speed Contests and Reckless Driving

• Includes reckless driving on a highway, reckless driving in an off-street parking facility, or exhibition of speed on a highway within the scope of various other existing statutes.

Traffic Violations Adjudication

• Prohibits the courts from dismissing serious traffic violations through completion of a traffic violator school program or any other court-approved program for safe driving. Serious traffic violations are those that would result in the assessment of two negligent operator points.

Transit Buses Right-of-Way Sign

• If approved by the Santa Cruz Metropolitan Transit District and the Santa Clara Valley Transportation Authority, this would:
  
  
  
  • Authorize a transit bus to be equipped with a specified yield right-of-way sign on the left rear of the bus.
  
  
  • Require motorists to yield to a transit bus when the sign is activated.
  
  
  
  

Wireless Telephones and Mobile Service Devices Operative July 1, 2008

• Prohibits a person under the age of 18 from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device, as defined.