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Jaywalking is Legal Again

Did you know that you can legally jaywalk in California?

That’s right; you’re free to cross the road whenever you feel like it, even if you’re not in a crosswalk. You can even do so right in front of a police officer, and they won’t be able to stop you or issue a ticket. How cool is that?

You should know that this newfound freedom to jaywalk to your heart’s content does come with a catch. Jaywalking in California is legal, provided you’re able to do so in a manner that’s considered safe.

Jaywalking in California became legal in January of 2023 when California’s CVC 21955 went into effect. When you read through the law, you’ll discover that jaywalking is perfectly legal in California, provided that you’re not in a collision while you’re jaywalking. The idea is that you are expected to pay attention and use good judgment before you walk across the road. If there is a reasonable chance that you’re jaywalking could result in a collision, either with you, another car, or even a pole/sidewalk/mailbox/etc. You will be the one who gets into trouble.

If you’re caught jaywalking in a spot where your action could trigger a collision, you will be issued a ticket. The base cost of the ticket is $196, but there will also be state fees, local fees, and assessments added to the ticket, meaning that you’ll owe significantly more than $200.

Have you enjoyed your new jaywalking privileges yet?

karen
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The Danger of Fentanyl | Fentanyl Awareness

When fentanyl was first starting to generate some media attention, the synthetic opioid was a good thing. It was a popular and extremely effective method to treat extreme pain. Doctors commonly prescribed it post-surgery, and patients with advanced cancer often used it to help control their pain. When used in a medical setting and under close supervision, fentanyl is a good thing.

The problem is that illicitly manufactured fentanyl isn’t used in a medical setting.

Fentanyl is extremely popular amongst the manufacturers of illegal drugs because it’s similar to heroin but even more potent. It is extremely common for heroin, meth, and cocaine to be laced with fentanyl. The addition of fentanyl enhances the effect of the other drugs. According to narcotics experts, fentanyl is 50 times more potent than heroin. The addition of fentanyl makes the other drugs extremely popular on the street and allows dealers to charge a premium. The problem is that fentanyl also makes the drugs more dangerous.

The CDC estimates that 150 people suffer a fatal fentanyl overdose every single day.

The symptoms of a fentanyl overdose are:

  • Extreme nausea
  • Confusion
  • Repressed breathing
  • Constricted pupils
  • Choking sounds

If help is not received shortly after the first signs of a fentanyl overdose, the victim will lose consciousness and stop breathing. If they still don’t receive help, they will pass away. If you are near someone who has taken a suspected fentanyl overdose, calling the paramedics and dosing the victim with Narcan can help them survive the experience. According to LiveScience, Narcan is an effective treatment for fentanyl overdoses, but in 89% of the cases, more than one dose was required.

One of the reasons fentanyl is so dangerous is that some people don’t realize that they are using drugs that are laced with fentanyl or the fentanyl amount is higher than anticipated. The best way to detect the presence of fentanyl in drugs is to use fentanyl test strips which are relatively inexpensive and provide results in approximately five minutes. While the test strips are highly effective when determining if a supply of heroin or cocaine is laced with fentanyl, they won’t provide you with information about other popular and dangerous additives such as carfentanil.

karen
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Can I refuse to Perform a Sobriety Test?

You’ve been pulled over, and the police officer says that they suspect you’ve been drinking. They would like you to perform an immediate sobriety test so that they can determine if you’re officially driving while under the influence. At this point, some people meekly comply. Other people wonder if they have the right to refuse to take the sobriety test.

Strictly speaking, in California, you do have a legal right to refuse to perform a field sobriety test, but doing so may not be in your best interest. The problem with refusing to take the field sobriety test is that you could actually be giving the officer an excuse to arrest you so that they can perform a chemical test. In some cases, this is a good situation.

For example, if it’s been a long while since your last drink, it’s possible that your BAC will have decreased by the time the chemical test is administered, though this is rare. What is far more common is that someone who was not completely over the legal limit and who could have possibly passed a field sobriety test has more for the alcohol to be absorbed by the blood so that by the time the chemical test is administered, they have a significantly higher BAC than they did when they were originally pulled over.

By refusing to take the chemical test, you can be held in jail for a full forty-eight hours while you’re behavior is observed. You will also lose your driving privileges for a full year. It’s likely you’ll still be tried for DUI, and if you’re convicted, the sentence may be worse than what you’d have received had you simply submitted to the chemical test.

While the desire to refuse to take a sobriety test when you’re pulled over is perfectly natural, when all is said and done, it’s usually in your best interest to submit to the test.

What is the strangest field sobriety test you’ve encountered?

karen
Staying Safe While Online Dating

Stay Safe While Taking Advantage of Online Dating

The days of going to bars hoping to find that special someone are long over. Bar hopping and awkward getting-to-meet-someone scenarios have pretty much been completely replaced by online dating sites. There are several reasons online dating sites are so popular, including the following.

  • They’re considerably less expensive than going to bars and ordering drinks night after night.
  • Everyone you connect to via an online dating site is genuinely looking for someone.
  • You can pursue potential love matches while sitting at home, in your pajamas, while gorging on ice cream.
  • You can quickly reject anyone who doesn’t appeal to you simply by scrolling past. There’s no need to worry that you’re going to hurt their feelings or damage their self-confidence.

While there are many perks connected to online dating, there are also a few drawbacks. While most of the people who use the various dating sites are good people, a few predators do occasionally create accounts. The good news is that there are some things you can do to protect yourself while engaged in online dating.

Create a New Email

Do not use any email that you regularly correspond with. Create a brand new email account that isn’t linked to your personal data. Do not attach social media accounts, your address, or your phone number to this email address.

Get a Good VPN

VPNs are designed to protect your location while you’re using the internet. A good VPN makes it look like you’re in one country while you’re really in a different one that’s on the other side of the globe. A good VPN makes it very difficult for anyone you’re corresponding with to track you down. Make sure you have the VPN on whenever you’re using the online dating site or using the email connected to the dating site.

Make Your Photos Generic

Before uploading photos to your profile, carefully look over them and make sure that there’s nothing in them that could give clues to where you live or the places you routinely hang out.

Meet in Public and Drive Yourself

If you’ve connected with someone and think they are a potential match, make sure your first several meetings are in a public place and arrange for your own transportation.

Tell People Where You’re Going and Check-In with Them

The first few times you go out with an internet date, let one or two people you trust know where you’re going, who you’ll be with, and what you’ll be doing. You should also set a time when you’ll check back in with them and let them know how it’s going. If the date is going well and you decide to keep the experience going, let your check-in people know about the change. If the date changes venue at any point, share this information.

The best way to stay safe while engaged in online data is to trust your gut. If you get a funny feeling that the person you matched up with isn’t quite what they seem, you should immediately cut ties and look for a new potential match.

karen
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How to Handle a Public Intoxication Charge

Most people assume that as long as they don’t drive after they’ve been drinking, they have nothing to worry about. What they don’t realize is that in California, you can be charged with public intoxication.

While it’s perfectly okay to drink in California, while you’re in public, you’re not allowed to drink to a massive excess. In California, there are two ways your drinking could result in your being charged with public intoxication.

The first is that you can’t be so drunk, you become a danger to yourself and to others. This means that if you leave the bar with the intention of walking home, but are so drunk you’re walking into traffic, picking fights, are doing something that makes the police think you’re endangering either yourself or others, you can be arrested. Its even possible that if you pass out on your walk home and are found by the police that in addition to taking you to the hospital for an exam, they will also charge you with public intoxication.

The other thing you can do that will prompt the police to arrets you for public intoxication is obstructing public ways. If your in the middle of sidewalk, public entrance, or road and people are unable to get around you, you’ll be taken to jail.

In California, public intoxication is a misdemeanor offense. While this isn’t as serious as being accused of a felony, if you’re convicted, you will have a criminal record. It is something employers and anyone else who runs a criminal background check on you will discover. While you can plead guilty to the charges right away, in the long run, it’s usually in your best interest to consult with an attorney who will look at the details surrounding your case and help you decide what the best and least life altering course is.

If you’re convicted of public intoxication in California, the maximum sentence you receive is six months in a county jail and/or a $1,000 fine. It’s common for individuals who are convicted of public intoxication in California to be ordered to take on community service and to pay a fine. In some situations, mandatory substance abuse awareness classes are part of the sentence.

karen
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Different Ways Social Media can get you Into Legal Trouble

Social media is supposed to be a fun way to stay connected to your family and friends, and for the most part, that’s exactly what it is. However, as some people have found out, there are a few different ways that social media can cause you to get into some legal trouble.

Getting a Too Personal with a Follower

Many people make friend via social media platforms and these friendships become long lasting and healthy. The problem is that it’s easy to cross the line on social media, until what you thought was an honest attempt to get to know someone results in stalking and harassment charges.

Online social media is a massive problem. This occurs when you start to become too invested in another person’s life and start forcing yourself into their DMs, become aggressive with the comments you leave on the other person’s posts can make them uncomfortable to the point that they will file charges.

Posting About Illegal Activity

A surprising number of people inadvertently attract police attention by posting about crimes they’ve been involved in. Some simply mention that they were at the scene of a crime. Some people will post images of stolen products. There have even been cases where people were charged and convicted of crimes because they posted detailed information about the crime and their involvement on their social media case.

If you have been involved with a crime or even in activity that seems suspicious, it’s in your best interest to keep the information off of your social media platforms. You don’t want to make it easy for the police to secure an arrest warrant.

The best way to stay out of legal trouble when you’re updating your social media accounts is making sure that you take a few minutes and consider each post. Is it something that will attract the attention of the police, could violate a copyright law, or make it appear that you have a questionable personality.

Posting Images That Aren’t Yours Without the Owner’s Permission

This is one that isn’t discussed as much as it should be. While you may not seem the harm in posting a picture you either found while surfing the ‘net or a sample from a photoshoot you recently had with a photographer, doing so is actually copyright infringement. If the photo’s actual owner is upset enough, they could file charges. This has happened a few times to large companies who posted photos they didn’t actually own. In most cases, the photo’s owner approached the company and asked for compensation.

karen
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The Best Way to Smoothly Get Through a Traffic Stop

Traffic stops are always a nerve-wracking experience, especially if you’re not sure why the cop is signaling for you to pull over. The good news is that there are some things you can do to make the entire process go more smoothly.

Don’t Try to Run

Many of us have a strange urge to try to run and evade the police, even when we know we haven’t done anything massively wrong. You need to ignore the urge. Not only will you put yourself in a position where you could cause an accident, but you will also get an even heftier ticket and possibly be charged with a misdemeanor. It’s in your best interest to take a deep breath and resign yourself to the fact that you’re getting pulled over.

Stay Calm

Getting upset isn’t going to help the situation but staying calm will. The calmer you are as the officer approaches your car, the smoother the traffic stop will go. Not only will you find it easier to understand what the officer is asking you when you’re calm, but you’re also less likely to do or say something that will irritate the officer. Calm drivers are far more likely to be let off with a warning than drivers who are upset and belligerent.

Find a Safe Place to Pull Over

Yes, you want to pull over shortly after the police signal you to stop, but you have the right to do so in a safe place. If possible, pull over into a parking lot or look for a place with a wide shoulder.

Don’t Argue With the Officer

If the officer writes a ticket, but you don’t think you’ve done anything wrong, don’t start arguing with the officer. It’s unlikely that the argument will do anything but make the situation worse. If you don’t think the ticket is fair, accept it when the officer hands it to you. Once you’re home, you can arrange to argue your case in front of a judge.

Don’t Over Share

When it comes to talking to the officer, you want to speak as little as possible. Yes, you want to be polite. Yes, you should answer their questions honestly. What you don’t want to do is inadvertently say something that could get you into more trouble. If you have passengers, they should remain quiet unless the officer asks them a direct question.

If you follow these tips, the next time you’re pulled over should be a smooth process.

karen
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Illegally Using a Handicap Placard in California

It’s so frustrating to drive all around a parking lot and not find any empty places to put your car other than a handful of spaces that are reserved for handicapped parking. All of us are tempted to slide into one of those spaces, especially when we only need the spot for a short time, at one point or another. The reason we don’t is because there is a heft ticket attached to doing so.

While the ticket for parking in a sport that has been set aside for handicapped parking is all it takes for most of us to keep looking for a space at the back of the lot, some people look for a different way to use the prime parking spaces. They create/steal/borrow a placard and use it whenever they want to park close to the building. Few realize just how much trouble they’ll get into for the action. If you’re caught, you could go to jail.

The law that deals with the misuse of a handicapped disability parking placard is California’s vehicle code 4461 VC.

The law does an extremely good job of making it clear that anyone who hasn’t been issued a disabled parking placard is not allowed to use it. When you read through the law, you’ll learn that you:

  • Aren’t allowed to lend the placard to another driver with the knowledge that they’ll use it to park
  • Allow someone else to use the placard when you’re not also in the vehicle and planning on going into the building
  • Aren’t allowed to display a placard that has expired or been revoked
  • Use a placard that was issued to someone else
  • Create a forged placard

Most people who get into trouble for using a handicapped parking placard when they aren’t supposed to assume that they will be given a ticket and a hefty fine. They’re partly correct. What many don’t realize is that the illegal use of a disability placard is actually fraud and is against the law. Instead of getting a relatively simple citation, you’ll actually be charged with a misdemeanor. If you’re convicted, you could be sentenced to some jail time.

The reality is that most people who are convicted of the illegal use of a disability placard aren’t sent to jail. Some are required to do some community service and pay a fine. What catches some people off guard is how large a fine they will have to pay. The maximum fine for the illegal use of a handicapped parking placard is $1,000. If the judge does decide to include some jail time into your sentence, you could be ordered to spend as much as six months in a county jail.

karen
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What Happens if I Disturb the Peace in California?

Disturbing the peace is kind of a blanket term in California. If you’re charged with disturbing the peace, it basically means that you did something to irritate someone. Examples of this can include anything from deciding to mow your lawn in the middle of the night to playing really loud music, getting into a fight, and even using language that someone near you found offensive.

The truth is that the police frequently get calls about disturbing the peace. While they always respond to these calls, they don’t always file charges. An example of a case where they might decide to skip filing charges and simply issue a warning is if a neighbor calls the police and complains that you’re swearing is disturbing their peace. In this situation, the police might ask you to clean up your language or at least swear quietly. They may also ask some questions to see if there’s an underlying and potentially illegal reason why your neighbor is so irritated with you.

On the other hand, if you’re throwing a party and the police have had several complaints about the noise, it’s likely that they will decide to press charges of disturbing the peace.

When you review Penal Code 415 PC, which discusses disturbing the peace in California, you’ll learn that people who are convicted of disturbing the peace are:

  • (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
  • (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
  • (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

If a disturbing the peace case makes it to trial, the main thing the prosecution must prove to secure a conviction is that the defendant willfully disturbed the peace. This is one of the main reasons many police officers issue a warning when they originally responded to a disturbing the peace call. It’s easy for a defendant to say that they didn’t know they were disrupting someone the first time a call is made. It’s harder for them to claim they weren’t willfully doing something that they knew irritated others the second, third, or fourth time the police are called.

The maximum sentence connected to a disturbing the peace conviction is a 90-day jail sentence and/or a $400 fine.

karen
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Are You Being Stalked? Warning Signs To Look Out For

Stalking is a serious problem. An estimated 6.6 million people are involved in a stalking situation, and that’s just in the United States! While the idea of being watched might not seem like a big deal, the reality is that it’s very concerning. Not only does catching the attention of a stalker erode your mental health, but it’s also a crime that can escalate until it culminates in violence. It’s reported that 68% of female stalking victims and 70% of male stalking victims receive threats of physical harm from their stalker.

Don’t assume that only women have to worry about stalkers. While it’s true that one in six women will be the victim of a stalker, men aren’t completely safe. It’s estimated that 1 in 17 men will have trouble dealing with a stalker.

Stalking is something you want to nip in the bud, which is why it’s so important to recognize the early signs that you’ve attracted a stalker.

Pay Attention to Your Surroundings and Be Alert to Familiar Faces

Stalkers often depend on people not being very aware of their surroundings. Being distracted by a cell phone or simply being focused on one thing allows stalkers to get quite close to the person they’re following without ever being noticed. Whenever you’re running errands or even when you’re just hanging out in your yard, be alert and constantly look around you. If you keep seeing the same person over and over again in different locations or near your home, it’s likely that you have a stalker.

Don’t assume that a stalker is always a stranger. If you keep running into the same relative, friend, acquaintance, or romantic interest in random places, it’s possible that they’re stalking you.

You Keep Getting Strange Calls

If you keep getting weirdly random calls, they can either be hang-ups, or they can be from someone who repeatedly claims to be dialing the wrong number, or they could be from someone who simply calls to chat too often, it could be a sign that you’ve attracted a stalker.

Unexpected Gifts

Sure, the random bouquet of flowers or an occasional box of chocolate from a secret admirer is fun. But when the gifts keep coming, and the person continues to conceal their identity, the gifts are usually an indicator of a stalker. Even if you know the person who is sending you gifts, if they are excessive or if they are inappropriate, it’s time to take steps to ensure your safety.

Pay Attention to Your Internet Interactions

Internet stalking is a growing problem. The internet provides people with a way to fixate on a person and keep tabs on them at all times of the day or night. It’s not uncommon for internet stalking to be paired with real-time stalking. It’s important to understand that internet stalking is every bit as dangerous as traditional forms of stalking.

Signs of internet stalking include large numbers of texts/emails/DMs from a person. They can also frequently comment on your posts. In most cases, internet communications become increasingly forceful and demanding.

Recognizing that you’re being stalked is the first stage in safely extracting yourself from the situation. The next step is knowing what to do about your stalker.

karen