New Law on Drinking, Driving

Q. I heard that the law regarding drunk drivers will be tougher in 1990. I’m not quite sure what this means. Would it be against the law to take a drink and drive?

WE, Santa Ana

A. The Legislature has not changed the law in California to prevent people from drinking alcohol and driving a motor vehicle. The change to which I think you are referring deals with the level of alcohol in a person’s blood at which that person is presumed to be driving under the influence of alcohol.

As of Jan. 1, this level has been lowered from 0.10% to 0.08%.

Q. I appeared on a traffic ticket, and asked for a public defender to represent me. The traffic commissioner told me that I was not entitled to have a public defender because I was only charged with a traffic ticket. I thought the only requirement for a public defender was to be poor. Isn’t this true?

BG, Orange

A. You are partly correct. A public defender is normally appointed to represent a defendant who is unable to afford an attorney. However, the public defender’s services are generally reserved for a defendant who has been charged with a misdemeanor or a felony.

Common traffic violations such as speeding, running a red light or a stop sign, or making an unsafe lane change are not considered infractions punishable by jail time. You would therefore not be eligible for a public defender if your citation was in this category.

Some traffic violations, however, may be misdemeanors. Common examples of those punishable by jail time are: driving with a suspended license, exhibition of speed, speed contests and being an unlicensed driver. People charged with such offenses are entitled to a public defender.

Q. What are punitive damages? Does a judge on a small claims case have the power to give a party such damages?

DE, Garden Grove

A. Punitive damages are a means of punishing a party for malicious and willful misconduct. It allows the party asking for them to recover an amount in excess of the actual damages incurred.

A judge hearing a small claims case is not prohibited from granting punitive damages when appropriate. The judge, however, is bound by the jurisdictional amount of small claims, so that the total amount of damages awarded may not exceed $2,000.