HomeMy WebLinkAboutMINUTES - 04171990 - 1.42 To: BOARD OF SUPERVISORS _ f Contra
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FROM: Phil Batchelor, County Administrator
Costa_ i
County
April 9 1990 \
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DATE: 0V
LEGISLATION - AB 3001 (Hansen, et al)
SUBJECT:
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION-
Indicate that the Board of Supervisors continues to be in SUPPORT
of AB 3001 by Assemblywoman Hansen and 13 co-authors which would
make it unlawful for a person who is under the age of 21 to drive
a vehicle if the person has a blood alcohol level of .Ola or
more, to drive a vehicle after consuming an alcoholic beverage if
the person has alcohol in his or her blood, and which would
provide for revocation of a minor' s driving privileges if the
individual refuses to submit to a test of their blood, breath or
urine and an officer indicates that he or she had reason to
believe the minor was driving while under the influence.
BACKGROUND:
On March 20, 1990 the Board of Supervisors voted to support AB
3001. On March 26, 1990 the bill was amended.
Under existing law, it is unlawful for a person who is under the
age of 18 to drive a vehicle if the person has a blood alcohol
level of . 050 or more. Existing law provides a presumption of
violation of that offense if the person was under the influence
of, or was affected by, an alcoholic beverage and if the trier of
fact finds that the person was driving with a blood alcohol level
of .05% or more.
AB 3001, as amended March 26, 1990 would, instead, make it
unlawful for a person who is under the age of 21 years to drive a
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S: e4--. �&
ACTION OF BOARD ON Apr i , 1990 APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC:
APR 1 7 �9gQ
ATTESTED
Please see Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
,
vehicle if the person has a blood alcohol level of .01% or more.
The bill would also make it unlawful for a person under the age
of 21 to drive a vehicle after consuming an alcoholic beverage if
the person has alcohol in his or her blood. The bill also
establishes a presumption that an individual has violated the
prohibition against driving with a blood alcohol level of .01% or
more if the person was, at the time of driving, under the age of
21 and either:
1. the person was under the influence of or affected by an
alcoholic beverage, regardless of whether a chemical test
was made to determine that person' s blood alcohol
concentration, or
2. the person had consumed an alcoholic beverage and had a
blood alcohol level of . 01% or more at the time of testing.
In addition, a person is presumed to be in violation of the
prohibition against driving a vehicle when under the age of 21 if
the person has consumed an alcoholic beverage and has alcohol in
his or her blood if, at the time of driving, the person was under
21 and had a blood alcohol level of . 01% or more at the time of
testing.
Under current law the Department of Motor Vehicles is required to
either suspend or revoke the driving privileges of an individual
who refuses to submit to a test of his or her blood, breath or
urine for evidence of alcohol or drugs. AB 3001 would require
the DMV to revoke for at least one year the driving privileges of
a minor who refuses to submit to such tests where the law
enforcement officer states that he or she had reasonable cause to
believe that the minor had been driving a vehicle while under the
influence of alcohol or drugs. Finally the bill requires that
the fact that a minor has been diverted from wardship because of
certain driving offenses involving alcohol or drugs to be
reported to DMV within 10 days.
The March 26, 1990 amendment adds these latter provisions
regarding requiring revocation of a minor' s driving privileges
when the minor refuses a chemical test and reporting a diversion
from a wardship petition to DMV.
By establishing more restrictive requirements on an individual
under the age of 21 who has been drinking alcoholic beverages, AB
3001 assists the Board of Supervisors' war on drug and alcohol
abuse and therefore appears to deserve the continued support of
the Board of Supervisors.
cc: County Administrator
District Attorney
Sheriff-Coroner
County Probation Officer
Health Services Director
Alcohol Program Administrator
Chair, Alcoholism Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates