Whenever any person is charged with a violation of this code, it is a sufficient defense to such charge if it appears that in a criminal prosecution in another state or by the Federal Government, founded upon the act or omission in respect to which he is on trial, he has been convicted or acquitted.
Chapter 5Defenses
Section § 41400
If someone in California is accused of breaking a vehicle-related law, they can defend themselves by showing that they were already tried in another state or by the federal government for the same action or failure to act and were either convicted or found not guilty.
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Section § 41401
In simple terms, if someone breaks a California vehicle law because they are following a federal law, rule, or military order, they won't face prosecution under California's vehicle code. Essentially, federal rules take priority if they require a person to act in a way that goes against state laws.
No person shall be prosecuted for a violation of any provision of this code if the violation was required by a law of the federal government, by any rule, regulation, directive or order of any agency of the federal government, the violation of which is subject to penalty under an act of Congress, or by any valid order of military authority.
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Section § 41402
This law states that if you break a traffic rule because you're following an order from the Governor under the California Emergency Services Act, you won't be prosecuted for it.
No person shall be prosecuted for a violation of any provision of this code when violation of such provision is required in order to comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act.
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Section § 41403
If you're trying to get a past conviction for certain driving offenses thrown out because it violated your constitutional rights, you have to lay out exactly why in writing and give this to the court and prosecutor five days before your hearing.
Before your trial begins, a separate hearing will check if your previous conviction was constitutional. First, the prosecution has to show you've been convicted before. Then, you need to prove that your rights were violated in that previous case. If you plead guilty or no contest previously, you must show the plea details and relevant court records, which are free if you have a public defender. If you prove your case, the prosecution can counter with their own evidence. The court will decide and remove any unconstitutional past conviction from your record.
If you miss the filing deadline or evidence, the court will consider it during sentencing unless there's a good reason to delay. The same rules apply whether the hearing is before trial or during sentencing.
(a)CA Vehicle Code § 41403(a) In any proceedings to have a judgment of conviction of a violation of Section 14601, 14601.1, 14601.2, 23152, or 23153, or Section 23103 as specified in Section 23103.5, which was entered in a separate proceeding, declared invalid on constitutional grounds, the defendant shall state in writing and with specificity wherein the defendant was deprived of the defendant’s constitutional rights, which statement shall be filed with the clerk of the court and a copy served on the court that rendered that judgment and on the prosecuting attorney in the present proceedings at least five court days prior to the hearing thereon.
(b)CA Vehicle Code § 41403(b) Except as provided in subdivision (c), the court shall, prior to the trial of any pending criminal action against the defendant wherein the separate conviction is charged as such, hold a hearing, outside of the presence of the jury, in order to determine the constitutional validity of the charged separate conviction issue. At the hearing the procedure, the burden of proof, and the burden of producing evidence shall be as follows:
(1)CA Vehicle Code § 41403(b)(1) The prosecution shall initially have the burden of producing evidence of the separate conviction sufficient to justify a finding that the defendant has suffered that separate conviction.
(2)CA Vehicle Code § 41403(b)(2) After the production of evidence required by paragraph (1), the defendant then has the burden of proof by a preponderance of the evidence that the defendant’s constitutional rights were infringed in the separate proceeding at issue. If the separate conviction sought to be invalidated is based upon a plea of guilty or nolo contendere, the defendant shall provide the court with evidence of the prior plea, including the court docket, written waivers of constitutional rights executed by the defendant, and transcripts of the relevant court proceedings at the time of the entry of the defendant’s plea. These records shall be provided to the defendant without cost to him or her, when the defendant is represented by the public defender or counsel appointed pursuant to Section 987.2 of the Penal Code.
(3)CA Vehicle Code § 41403(b)(3) If the defendant bears this burden successfully, the prosecution shall have the right to produce evidence in rebuttal.
(4)CA Vehicle Code § 41403(b)(4) The court shall make a finding on the basis of the evidence thus produced and shall strike from the accusatory pleading any separate conviction found to be constitutionally invalid.
(c)CA Vehicle Code § 41403(c) If the defendant fails to comply with the notice requirement of subdivision (a) or fails to produce the evidence required by paragraph (2) of subdivision (b), the court shall hear the motion at the time of sentencing in lieu of continuing the trial, unless good cause is shown for failure to provide notice pursuant to subdivision (a) or produce the evidence required by paragraph (2) of subdivision (b), in which case the court shall grant a continuance of the trial for a reasonable period. The procedure, burden of proof, and burden of producing evidence as provided in subdivision (b) shall apply regardless of when the motion is heard.
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