Monthly Archives: October 2012

AB 2552 Bill Introduced in California

BILL NUMBER: AB 2552 INTRODUCED
BILL TEXT


INTRODUCED BY Assembly Member Torres

FEBRUARY 24, 2012

An act to amend Section 23152 of the Vehicle Code, relating to
driving under the influence.


LEGISLATIVE COUNSEL'S DIGEST


AB 2552, as introduced, Torres. Driving under the influence.
Existing law prohibits a person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug to drive a vehicle.
This bill would make it a crime for a person who has any level of
cannabinoids or synthetic cannabinoid compound, as defined, in his or
her blood or urine to drive a vehicle. This bill would establish a
rebuttable presumption that a person had cannabinoids or synthetic
cannabinoid compound in his or her blood or urine at the time he or
she drove a vehicle if the substance is present in his or her blood
or urine at the time of a chemical test performed within three hours
after driving. This bill would impose a state-mandated local program
by expanding the definition of a crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 23152 of the Vehicle Code, as amended by
Section 31 of Chapter 455 of the Statutes of 1995, is amended to
read:
23152. (a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person's blood is based upon grams of alcohol
per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
(c) It is unlawful for any person who is addicted to the use of
any drug to drive a vehicle. This subdivision shall not apply to a
person who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.04 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
(e) This section shall become operative on January 1, 1992, and
shall remain operative until the director determines that federal
regulations adopted pursuant to the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51
or 391.15 of Title 49 of the Code of Federal Regulations do not
require the state to prohibit operation of commercial vehicles when
the operator has a concentration of alcohol in his or her blood of
0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.

(g) It is unlawful for any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
"synthetic cannabinoid compound" has the same meaning as defined in
Section 11357.5 of the Health and Safety Code. For purposes of this
subdivision, it is a rebuttable presumption that a cannabinoid or
synthetic cannabinoid compound is in a person's blood or urine at the
time of driving the vehicle if the substance is present at the time
of the performance of a chemical test within three hours after
driving.

SEC. 3. Section 23152 of the Vehicle Code, as amended by Section
32 of Chapter 455 of the Statutes of 1995, is amended to read:
23152. (a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person's blood is based upon grams of alcohol
per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
(c) It is unlawful for any person who is addicted to the use of
any drug to drive a vehicle. This subdivision shall not apply to a
person who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
"synthetic cannabinoid compound" has the same meaning as defined in
Section 11357.5 of the Health and Safety Code. For purposes of this
subdivision, it is a rebuttable presumption that a cannabinoid or
synthetic cannabinoid compound is in a person's blood or urine at the
time of driving the vehicle if the substance is present at the time
of the performance of a chemical test within three hours after
driving.

(d)

(e) This section shall become operative only upon the
receipt by the Secretary of State of the notice specified in
subdivision (f) of Section 23152, as added by Section 25 of Chapter
1114 of the Statutes of 1989.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

DUI Victim Impact Panel

Victims Panel

FREE Victim Impact Panel if you enroll in one of our DUI, Alcohol, Drug, or Relapse Classes.

Victim Impact Panels are commonly required by a judge to assist DUI offenders in changing their driving behavior patterns. A Victims Impact Panel is designed to modify driver behavior through educating and introducing the driver to the realities of how irresponsible driving impacts the community, victims and their families, and the driver’s own family.

If you do not register for a DUI, Alcohol & Drug or Relapse Prevention Class, you can still enroll in a standalone Victim Impact Panel class. Requires ability to view videos online.

Register for Standalone Victims Impact Panel : $49.00

AB541 Alcohol Program for California DUI

Register for California 12 Hour Online Wet-Reckless Class
If you received a DUI in the State of California and live in another state you might be required to take an Alcohol Education Class as part of your sentence.  Please get court approval before enrolling.
Tom Wilson Counseling Center offers several options for those who got a DUI (Driving Under the Influence) offense in the State of California but are not a resident of California.  All classes are online and available 24 hours a day, 7 days a week, 365 days a year.  You can work on your class on your time and at your convenience from any location with an internet connection.
Basic computer and internet skills, with a knowledge of how to use a browser required to complete the class. Classes are best viewed on PCs with latest versions of Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari and Opera, but can also be viewed and completed using Smart Devices.  Many of our students have successfully completed our classes on a Smart Device, such as an iPad or other Droid tablets. Please be advised that the classes contain a lot of textual content and some images, links and videos that may be difficult to see on a smaller Smartphone device such as a Droid, Blackberry, iPhone, etc…

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Tom Wilson Counseling Center has been providing online APPROVED DUI, Alcohol, Drug and Anger Classes since 2005.  Tom Wilson Accreditations.

Anger Management Tips

10 Tips to Help Tame Anger

Do you find yourself fuming when someone cuts you off in traffic? Does your blood pressure go through the roof when your child refuses to cooperate? Anger is a normal and even healthy emotion — but it’s important to deal with it in a positive way. Uncontrolled anger can take a toll on both your health and your relationships.

Ready to get your anger under control? Start by considering these 10 anger management tips.

No. 1: Take a timeout

Counting to 10 isn’t just for kids. Before reacting to a tense situation, take a few moments to breathe deeply and count to 10. Slowing down can help defuse your temper. If necessary, take a break from the person or situation until your frustration subsides a bit.

No. 2: Once you’re calm, express your anger

As soon as you’re thinking clearly, express your frustration in an assertive but non-confrontational way. State your concerns and needs clearly and directly, without hurting others or trying to control them.
 

No. 3: Get some exercise

Physical activity can provide an outlet for your emotions, especially if you’re about to erupt. If you feel your anger escalating, go for a brisk walk or run, or spend some time doing other favorite physical activities. Physical activity stimulates various brain chemicals that can leave you feeling happier and more relaxed than you were before you worked out.
 

No. 4: Think before you speak

In the heat of the moment, it’s easy to say something you’ll later regret. Take a few moments to collect your thoughts before saying anything — and allow others involved in the situation to do the same.
 

No. 5: Identify possible solutions

Instead of focusing on what made you mad, work on resolving the issue at hand. Does your child’s messy room drive you crazy? Close the door. Is your partner late for dinner every night? Schedule meals later in the evening — or agree to eat on your own a few times a week. Remind yourself that anger won’t fix anything, and might only make it worse. 

No. 6: Stick with ‘I’ statements

To avoid criticizing or placing blame — which might only increase tension — use “I” statements to describe the problem. Be respectful and specific. For example, say, “I’m upset that you left the table without offering to help with the dishes,” instead of, “You never do any housework.”

No. 7: Don’t hold a grudge

Forgiveness is a powerful tool. If you allow anger and other negative feelings to crowd out positive feelings, you might find yourself swallowed up by your own bitterness or sense of injustice. But if you can forgive someone who angered you, you might both learn from the situation. It’s unrealistic to expect everyone to behave exactly as you want at all times.
 

No. 8: Use humor to release tension

Lightening up can help diffuse tension. Don’t use sarcasm, though — it can hurt feelings and make things worse.
 

No. 9: Practice relaxation skills

When your temper flares, put relaxation skills to work. Practice deep-breathing exercises, imagine a relaxing scene, or repeat a calming word or phrase, such as, “Take it easy.” You might also listen to music, write in a journal or do a few yoga poses — whatever it takes to encourage relaxation.
 

No. 10: Know when to seek help

Learning to control anger is a challenge for everyone at times. Consider seeking help for anger issues if your anger seems out of control, causes you to do things you regret or hurts those around you. You might explore local anger management classes or anger management counseling. With professional help, you can:

  • Learn what anger is
  • Identify what triggers your anger
  • Recognize signs that you’re becoming angry
  • Learn to respond to frustration and anger in a controlled, healthy way
  • Explore underlying feelings, such as sadness or depression
Anger management classes and counseling can be done individually, with your partner or other family members, or in a group. Request a referral from your doctor to a counselor specializing in anger management, or ask family members, friends or other contacts for recommendations. Your health insurer, employee assistance program (EAP), clergy, or state or local agencies also might offer recommendations.

Online Anger and Conflict Management Classes at Tom Wilson Counseling

ALL classes developed and monitored by Tom Wilson, a Licensed Clinical Professional Counselor who is also a Certified Alcohol and Substance Prevention Specialist. Tom is the author of “Taming Anger and Aggression”, an anger management program which has been taught to hundreds of people at the counseling center over the last twelve years. He specializes in adapting evidence-based substance abuse prevention programs for delivery through the web and other electronic media.

 8 Hour Online Anger Management Class: $150.00
12 Hour Online Anger Management Class: $225.00
16 Hour Online Anger Management Class: $300.00

8 Hour Online Cognitive Self-Change / Conflict Management Class: $150.00
16 Hour Online Cognitive Self-Change / Conflict Management Class: $300.00

Online Alcohol Drug Class for Court Requirements

Why Choose Tom Wilson Counseling Center for your Online Alcohol Class or Drug Class?

* If online classes are not allowed, many states will approve them if the citation was received by an out of state resident, or no local alternatives are available for in person education.  Ask the court or agency to consider accepting an online class if your circumstances require other alternatives or more flexibility.

Tom Wilson Counseling Centers, Inc. is a private corporation that offers in-person and online state approved DUI Education, Alcohol/Drug/Substance Awareness, Relapse Prevention, Alcohol and Drug Evaluations, Traffic Safety, Anger Management, Cognitive Self-Change, Conflict Management, Thinking Errors, Theft/Shoplifting and Parenting classes approved by many states.

Tom Wilson, MA, LCPC is the President of Tom Wilson Counseling Centers, Inc. He is a Licensed Clinical Professional Counselor practicing in the State of Idaho and authorized to practice by the Idaho Bureau of Occupational Licenses. He has practiced for over 30 years and maintains the following professional credentials and licensing:

Ada County, Idaho Approved Online DUI Classes Provider since 2004

Certified Prevention Specialist, Idaho Board of Alcohol/Drug Counselor Certification

Internationally Certified Prevention Specialist

State Licensed Clinical Professional Counselor

Brief Assessment and Screening for College Students (BASICS) Practitioner

Idaho State approved DUI and Substance Abuse Evaluator

Idaho Supreme Court approved Domestic Battery Evaluator

Court approved provider of Alcohol, Drug and DUI Classes

Court approved Anger Management Counseling

Idaho Transportation Department approved Defensive Driving Class

Licensed by the Michigan Department of Community Health, Bureau of Health Systems as an APPROVED Substance Abuse Program Provider for MIP (Minor in Possession) Class, CAIT License #631317

Nevada DMV Approved Online DUI School, License #DUI000027610

Nevada DMV Approved Online Traffic Safety School, License #TSS000028387