Section 42001.7 Of Article 1. Public Offenses From California Vehicle Code >> Division 18. >> Chapter 1. >> Article 1.
42001.7
. (a) Every person convicted of a violation of Section 23111
or 23112, or subdivision (a) of Section 23113, shall be punished by
a mandatory fine of not less than one hundred dollars ($100) nor more
than one thousand dollars ($1,000) upon a first conviction, by a
mandatory fine of not less than five hundred dollars ($500) nor more
than one thousand dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars ($750)
nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
In no case may the court order imprisonment in the county jail for
a violation punishable under this subdivision, unless imprisonment
is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to
subdivision (a), order the offender to pick up litter or clean up
graffiti at a time and place within the jurisdiction of the court as
follows:
(1) For a first conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than 16 hours.
(3) For a third or subsequent conviction punished pursuant to
subdivision (a), the court shall require the offender to pick up
litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of
highway littering be required to bear the penalty for their actions.
Therefore, the court may not suspend the mandatory fines required by
subdivision (a) except in unusual cases where the interest of justice
would best be served by suspension of the fine. If the court
suspends imposition of any fine required by subdivision (a), it
shall, as a condition of that suspension, require the offender to
pick up litter or clean up graffiti at a time and place within the
jurisdiction of the court for not less than eight hours for every one
hundred dollars ($100) of fine suspended. The court may not suspend
the order to pick up litter or clean up graffiti required by this
subdivision or subdivision (b) except in unusual cases where the
interest of justice would best be served by suspension of that order.