So you are saying we should just let people who drive DUI or drive without a license get a free pass? For many a small fine is going to be no deterrent to obey the law. There are maximum fines for infractions. The judge could have given ms Prissy 10 times the max and it would not have been any deterrent to her. Daddy would have taken care of it for her.
I agree, a fine wasn’t going to cut it. She violated her probation already, so the judge probably figured she’d do more of the same and that jail time was the only thing that might get through to her sorry butt.
Did a search
VC 23152 (a & b)
Driving under the influence of alcohol (BAC .08 or more, or .04 or more while driving a commercial vehicle) or drugs.
Penalty: 1st Offense - 96 hours ( at least 48 of which shall be continuous) - 6 months county jail, fine, 6 months license suspension, probation, treatment program; 2nd Offense - 96 hours to 1 year county jail, fine, 24 months license suspension, probation, treatment program; 3rd Offense - 120 days to 1 year county jail, fine, 3 years license revocation and determination as a habitual traffic offender, probation, treatment program; 4th Offense - (see VC 23550)
Note: Court may order the installation of an Ignition Interlock Device (IID) for up to 3 years and shall give heightened consideration to those with BAC of .20 or more.
VC 23582
Penalty enhancement for 23152 or 23153 while also driving 30 or more mph over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more mph over the maximum prima facie, or posted speed limit on any other street or highway.
Penalty: Additional consecutive term of 60 days county jail, alcohol/drug treatment program.
First California DUI Offense
Jail:
48 hours, but not more than 6 months.
California DUI Fines/Costs:
$390-$1,000 plus penalty assessments.
California License Suspension:
4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.
Ignition Interlock Device:
Court may order use of interlock device.
Vehicle Impound:
Court may order impoundment.
California DUI School:
Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.
California Probation:
3 years informal – no probation officer.
Community Service:
In some courts, you may work off some of your fees/costs by doing community service.
http://www.duilaws.com/california
Driving on a Suspended License in California
Vehicle Code § 14601 makes it a misdemeanor to drive with a suspended license in California. This includes out-of-state drivers whose privilege to drive in California has been revoked. To establish this offense, the prosecution must prove three elements:
1. The person drove a motor vehicle;
2. The person’s driving privilege was suspended or revoked; and
3. The person knew his/her driving privilege had been suspended or revoked
The key element for the legal defense of driving on suspended license cases is the “knowledge requirement.” The prosecution must prove beyond a reasonable doubt that the driver knew his license was suspended. The prosecutor usually relies on DMV records to show that a notice of suspension had been mailed to the driver prior to the date of arrest. But given the tendency of mail to get lost or overlooked, jurors rarely find this evidence sufficient to meet the prosecutor’s heavy burden in a criminal case.
Penalties for Driving With a Suspended License in California
Driving on a suspended license is a misdemeanor offense and punishment may include probation, jail time and substantial fines. Penalties in a given case depend on (1) the reason the license was suspended and (2) whether the defendant suffered prior convictions for driving with a suspended license. Generally, penalties are higher if the license was suspended or revoked because of a DUI conviction, a vehicular manslaughter conviction, or a finding that the driver is a habitual traffic offender.
http://www.southern-california-dui-defense.com/driving_without_license.html
Driving When Privilege Suspended or Revoked
14601. (a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103 or 23104, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5 , if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b) Any person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
http://www.dmv.ca.gov/pubs/vctop/d06/vc14601.htm
Her sentence is well within the parameters and is not excessive.