Criminal Law

In California, it is illegal to carry a loaded firearm in the glove compartment of a vehicle. Under § 25850. Carrying loaded firearm in public; Punishment; Previous conviction; Prosecution under other section; Arrest without warrant, a person is guilty of carrying a loaded firearm when the firearm is carried in a vehicle while in any public place or on any public street in an incorporated city or in a prohibited area of an unincorporated territory § 25850. Carrying loaded firearm in public; Punishment; Previous conviction; Prosecution under other section; Arrest without warrant. Additionally, § 25140. Leaving handgun in unattended vehicle explicitly states that a "locked container" does not include the glove compartment of a motor vehicle, meaning that storing a firearm in the glove compartment does not meet the legal requirements for secure transportation § 25140. Leaving handgun in unattended vehicle.

Furthermore, § 25400. Carrying concealed firearm; Carrying firearm openly in belt holster; Punishment prohibits carrying a concealed firearm within a vehicle under the person's control or direction unless specific exemptions apply, such as the firearm being unloaded and stored in a locked container other than the glove compartment § 25400. Carrying concealed firearm; Carrying firearm openly in belt holster; Punishment. Case law, such as People v. Ellison, 196 Cal. App. 4th 1342, also confirms that carrying a loaded firearm in a vehicle is permissible only if the firearm is locked in the vehicle's trunk or in a locked container other than the glove compartment People v. Ellison, 196 Cal. App. 4th 1342.

Therefore, carrying a loaded firearm in the glove compartment of a vehicle in California violates multiple provisions of the Penal Code and is not legally permissible.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."

A DUI conviction in California can significantly impact professional licenses or certifications, depending on the nature of the profession and the specific circumstances of the conviction. Under California law, licensing boards have the authority to suspend or revoke a professional license if the crime is "substantially related" to the qualifications, functions, or duties of the profession. This determination considers factors such as the nature and gravity of the offense, the time elapsed since the offense, and the duties of the profession § 493. Evidentiary effect of record of conviction of crime substantially related to licensee’s qualifications, functions, and duties, § 490. Grounds for suspension or revocation; Discipline for substantially related crimes; Conviction; Legislative findings.

For example, § 490. Grounds for suspension or revocation; Discipline for substantially related crimes; Conviction; Legislative findings explicitly allows boards to discipline licensees for crimes substantially related to their professional duties. Similarly, § 493. Evidentiary effect of record of conviction of crime substantially related to licensee’s qualifications, functions, and duties emphasizes that boards must evaluate evidence of rehabilitation and cannot categorically bar applicants based solely on the type of conviction § 493. Evidentiary effect of record of conviction of crime substantially related to licensee’s qualifications, functions, and duties, § 490. Grounds for suspension or revocation; Discipline for substantially related crimes; Conviction; Legislative findings. Additionally, specific professions, such as optometry and nursing, have provisions for disciplinary actions based on alcohol-related offenses, including DUI, if the conduct poses a danger to the public or impairs the licensee's ability to practice safely § 3110. Unprofessional conduct, § 2761. Grounds for action.

Case law further clarifies that a nexus must exist between the misconduct and the individual's fitness to practice the profession. For instance, in Walker v. Physical Therapy Bd. of California, 16 Cal. App. 5th 1219, the court upheld disciplinary actions for alcohol-related conduct that posed a potential danger, even if no actual harm occurred in the professional setting Walker v. Physical Therapy Bd. of California, 16 Cal. App. 5th 1219. Similarly, in Watson v. Superior Court, the court affirmed that alcohol use posing a danger to oneself or others could justify discipline without requiring proof of actual harm to professional practice Watson v. Superior Court, 176 Cal. App. 4th 1407.

In summary, a DUI conviction can lead to disciplinary actions, including suspension or revocation of a professional license, if it is deemed substantially related to the profession. Licensing boards must assess the specific circumstances of the conviction and consider evidence of rehabilitation before imposing discipline § 493. Evidentiary effect of record of conviction of crime substantially related to licensee’s qualifications, functions, and duties, § 490. Grounds for suspension or revocation; Discipline for substantially related crimes; Conviction; Legislative findings, Walker v. Physical Therapy Bd. of California, 16 Cal. App. 5th 1219, Watson v. Superior Court, 176 Cal. App. 4th 1407.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."

Whether you will lose your job as a result of a DUI conviction in California depends on several factors, including the nature of your job, the specific circumstances of your conviction, and any applicable laws or employer policies.

Under California law, certain positions may require termination or disqualification due to a DUI conviction. For example, if your job involves driving, your employer may be prohibited from continuing your employment if your driving privileges are suspended or revoked due to a DUI. § 1808.1. Drivers’ records reports; Employer duties; Pull–notice system; Certification of compliance; Fees; Employment of casual driver states that an employer who continues to employ a driver whose driving privileges have been disqualified may face penalties, including fines and imprisonment § 1808.1. Drivers’ records reports; Employer duties; Pull–notice system; Certification of compliance; Fees; Employment of casual driver. Additionally, § 13372. Denial, revocation, or suspension of ambulance driver certificate; Reapplication allows the Department of Motor Vehicles to suspend or revoke an ambulance driver certificate if the individual has been convicted of driving under the influence within three years § 13372. Denial, revocation, or suspension of ambulance driver certificate; Reapplication.

For positions requiring the use of firearms or where specific legal restrictions apply, § 432.7. Disclosure of criminal or juvenile records information by applicants for employment permits employers to inquire about and act upon certain convictions if the law prohibits individuals with such convictions from holding the position § 432.7. Disclosure of criminal or juvenile records information by applicants for employment. Similarly, § 1596.8715. Civil liability or unemployment insurance liability for denial or termination of employment provides that employers in certain licensed facilities may terminate employees based on criminal convictions without incurring liability § 1596.8715. Civil liability or unemployment insurance liability for denial or termination of employment.

If your DUI conviction leads to incarceration or chronic absenteeism, your employer may have grounds for termination. In Jefferson v. Unemployment Ins. Appeals Bd., the court upheld the denial of unemployment benefits to an employee who was terminated due to incarceration following a DUI conviction, emphasizing that absence from work due to incarceration can justify termination Jefferson v. Unemployment Ins. Appeals Bd., 59 Cal. App. 3d 72.

Ultimately, whether you lose your job will depend on the specific requirements of your position, the terms of your employment, and whether your conviction directly impacts your ability to perform your job duties or comply with legal requirements.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."