Resources articles. This article explains the types of motor vehicle felonies, how they impact hiring and employment, and how to develop compliant policies for addressing them during your screening process. Employers conducting background checks may encounter a variety of driving-related issues in the history of a job candidate or employee.
The most serious of these, motor vehicle felonies, can have major consequences for job candidates, employees, and employers. The best way to learn if potential or current employees have motor vehicle felonies or other driving violations in their history is through a motor vehicle record MVR check. MVR checks are essential when hiring for jobs that require operation of motor vehicles, and in regulated industries such as interstate trucking, drivers must undergo MVR screenings annually.
Traffic laws and regulations vary by state, so the definition of a driving felony depends to some extent on the jurisdiction where an offense occurs. Penalties vary by jurisdiction, too, but no matter where they originate, felonies are considered serious crimes. Context also plays a part in determining whether a particular driving offense is treated as a felony: Running a red light or stop sign at an empty crossroads might earn a ticket or misdemeanor charge, but if doing so causes a crash with injuries or fatalities, the case might be treated as a reckless driving felony, vehicular assault, or vehicular homicide.
Repetition also can be part of the context that determines a felony: Driving without a license might be considered an infraction upon first offense, but multiple violations within a few years could prompt a felony charge.
Finally, a driving offense that might otherwise be considered an infraction or misdemeanor may prompt a felony charge if the driver is found to be impaired by alcohol or drugs when they commit the offense. In such a case, the driver would also be subject to arrest and conviction for driving under the influence, which is also a potential felony in many jurisdictions. When a vehicle causes the death of another person including a passenger, pedestrian or driver of another vehicle , its driver may be charged with vehicular homicide or manslaughter.
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First Name. Filed with Secretary of State October 09, AB , Ammiano. Vehicles: reckless driving: suspension of licenses. Existing law terminates the licensing suspension if certain conditions are met, including if the person is eligible to apply for a restricted license. Under existing law, a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of a person or property is guilty of reckless driving. Existing law provides that, when a person is charged with, and pleads guilty or nolo contendere to, reckless driving in satisfaction of, or as a substitute for, an original charge for a DUI, and the court accepts the plea of guilty or nolo contendere, the conviction is a prior offense for purposes of specified laws relating to punishments imposed for DUI convictions.
The bill would require the department to advise the person of the above conditions. The bill would make other technical and conforming changes to these provisions.
The people of the State of California do enact as follows:.
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