Category: Driving Under the Influence

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Alcohol Education Programs in Lassen County, California

Alcohol Education Programs in Lassen County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Lassen County, California:

Cascade Circle, Inc.
(Service Provided: First Offender, 18 Month)
309 Cottage Street,
Susanville, California 96130
Phone: 530-222-8302; Fax: 530-222-5872

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in San Benito County, California

Alcohol Education Programs in San Benito County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in San Benito County, California:

Lifestyle Management Drydock II
(Service Provided: Service Provided: First Offender, 18 Month)
321 1st Street,
Suite A,
Hollister, California 95023
Phone: 831-636-0411; Fax: 831-636-0689

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Sutter County, California

Alcohol Education Programs in Sutter County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Sutter County, California:

Pathways
(Service Provided: First Offender, 18 Month)
430 Teegarden Avenue,
Yuba City, California 95991
Phone: 530-674-4075; Fax: 530-674-4544

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Superior Court Of California, County of Alameda

Superior Court Of California, County of Alameda

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Superior Court, René C. Davidson Alameda County Courthouse
1225 Fallon Street, Oakland, CA, 94612

Superior Court, County Administration Building
1221 Oak Street, Oakland, CA 94612

Superior Court, U.S. Post Office Building
201 – 13th Street, Oakland, CA 94612

Wiley W. Manuel Courthouse
661 Washington Street, Oakland, CA 94607

Superior Court, Allen E. Broussard Justice Center
600 Washington Street, Oakland, CA 94607

Superior Court, County Probation Center
400 Broadway, Oakland, CA 94607

Berkeley Courthouse
2120 Martin Luther King, Jr. Way, Berkeley, CA 94704

Superior Court, George E. McDonald Hall of Justice
2233 Shoreline Drive, Alameda, CA 94501

Superior Court, Hayward Hall of Justice
24405 Amador Street, Hayward, CA 94544

Superior Court, County Juvenile Hall
2200 Fairmont Drive, San Leandro, CA 94578

Superior Court, Fremont Hall of Justice
39439 Paseo Padre Parkway, Fremont, CA 94538

Superior Court, Gale/Schenone Hall of Justice
5672 Stoneridge Drive, Pleasanton, CA 94588

» Superior Court Of California, County of Alameda website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of Madera

Superior Court Of California, County of Madera

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Madera County Superior Court
209 West Yosemite Avenue, Madera, CA 93637

Borden Division
14241 Road 28, Madera, CA 93638

Chowchilla Division
141 South 2nd Street, Chowchilla, CA 93610

Sierra Division
40601 Road 274, Bass Lake, CA 93604

» Madera County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of Siskiyou

Superior Court Of California, County of Siskiyou

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Siskiyou County Superior Court
Yreka Division
311 4th Street, Yreka, CA 96094

Weed Branch
550 Main Street, Weed, CA 96094

Happy Camp Branch
28 Fourth Avenue, Happy Camp, CA 96039

Dorris Branch
324 N. Pine Street, Dorris, CA 96023

» Siskiyou County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Defense Closing Argument

California Criminal Defense Attorney – Defense Closing Argument

Once both the defense lawyer and the prosecutor have presented their cases in a California DUI / DWI trial, both sides deliver closing arguments. For a skilled drunk driving criminal defense attorney from the Kavinoky Law Firm, this is an excellent opportunity to demonstrate to jurors that the prosecutor has not met the burden of proving each element of the case beyond a reasonable doubt.

The prosecutor is allowed to argue both first and last because he or she has the burden of proving the defendant’s guilt beyond a reasonable doubt. When the prosecutor has given a closing argument, the defense attorney will deliver a strong closing argument, and then the prosecutor is allowed to deliver a rebuttal. This may seem somewhat unfair to the accused drunk driver, but a carefully crafted closing argument by an experienced defense lawyer will address any questions the prosecutor poses to the jury.

One of the most critical aspects of a strong closing argument is to remind the jury of their duty to acquit the driver if the prosecutor has not proven every element of the case beyond a reasonable doubt. This is crucial, because savvy prosecutors often lead jurors to believe that the defendant must prove his or her innocence. Even though the jury instructions state directly that the prosecution, not the defense, carries the burden of proof, jurors sometimes forget this critical point in the presence of a smooth-talking prosecutor.

It’s equally important for the defense attorney to point out to jurors that in circumstantial evidence cases with two reasonable views of the evidence, the jury must accept the one that points to the defendant’s innocence. A skilled DUI / DWI defense lawyer will use this mandate to cast doubt on every aspect of the prosecutor’s case. For example, if police testified that the defendant performed badly on a field sobriety test because he or she had been drinking, and the defense introduced equally compelling evidence that the driver’s physical impairment was caused by an injury or illness, the jury must accept the explanation that points to the defendant’s innocence.

A knowledgeable defense lawyer will always point out holes in the prosecutor’s case and stress alternative explanations presented by the defense during closing arguments. The DUI / DWI defense attorney will also remind the jury about the testimony of defense witnesses, including the defense expert, the defendant, or any alibi witnesses. Finally, the defense lawyer will remind jurors about the oath they took to follow the law, and the jury instructions they will receive.

The defense lawyer’s closing argument is particularly effective when he or she has built a rapport with the jurors and succeeded in gaining their trust. This communication process starts long before closing arguments – a skilled defense lawyer begins building a rapport during jury selection, and builds on that connection throughout the trial.

A practiced California DUI / DWI criminal defense lawyer will develop an effective closing argument that reminds jurors of the prosecutor’s burden of proof, summarizes the defense case, and incorporates the jury instructions. He or she will then ask the jury to render a just and fair verdict of not guilty.

Why Do I Need a Lawyer’s Help?

Why Do I Need a Lawyer’s Help to Fight a California DUI Charge?

Lawyers who focus on DUI / DWI defense hear this question all the time. What’s the point of hiring an attorney if a drunk driving arrest means an automatic conviction? That’s the assumption that most individuals accused of driving under the influence make, but it’s incorrect. It’s possible to fight a drinking and driving charge with the help of an expert attorney and win.

A skilled DUI / DWI defense attorney can assist with every detail after a California drunk driving arrest, including locating the accused motorist, finding a reputable bail bond firm, requesting a DMV hearing to protect the driver’s license, and fighting for the driver’s rights in the criminal court system.

That’s the best reason to hire a lawyer to fight a drunk driving case – an accused DUI driver who pleads guilty without putting up a fight has a 100 percent chance of being convicted of drunk driving. And a driving under the influence conviction is no joke – besides costing more than $10,000, a DUI / DWI conviction threatens a motorist’s driver’s license and even his or her freedom. That’s right – convicted drunk drivers are being sentenced to jail and prison at higher rates than ever before.

However, just like any other criminal defendant, a motorist charged with driving under the influence is presumed innocent unless proven guilty. Accused DUI / DWI drivers are also entitled to a jury trial in California – not so in some other states. If the prosecutor cannot convince all 12 of the jurors of a defendant’s guilt, there can be no conviction.

A California drunk driving jury trial can end in one of three ways – either all 12 jurors agree on the defendant’s guilt; all 12 agree on the defendant’s innocence, or the jurors cannot agree on a unanimous verdict. This last outcome is called a hung jury, and it’s an excellent outcome in a DUI / DWI case, because it means that the charges will most likely be dismissed.

Therefore, to win a drunk driving case, a defense attorney need convince only one of the 12 jurors to vote not guilty. Just one out of 12. The alternative is for accused drivers to throw themselves on the mercy of a system that has no mercy. Isn’t that reason enough to fight a DUI / DWI case?

An experienced California DUI / DWI defense attorney has the knowledge needed to challenge every shred of evidence in a drunk driving case, from field sobriety tests (FSTs) to chemical test results. A skilled defense lawyer will fight hard to protect the driver’s rights and create reasonable doubt in his or her guilt.

Fortunately, a DUI / DWI arrest doesn’t equal an automatic conviction. Anyone charged with drunk driving or driving under the influence of drugs (DUID) should consult with an attorney that specializes in defending drunk driving cases.

Numbers Backward Test

Police who suspect a driver of DUI in California typically require the driver to take a field sobriety test such as counting numbers backward before making an arrest. Although many drivers hope that “passing” a field sobriety test will help them to avoid arrest, these “tests” exist solely to create probable cause for an arrest and generate evidence for a drunk driving court case. Fortunately, a skilled DUI defense attorney from The Kavinoky Law Firm can challenge the results of field sobriety tests as part of a strategic defense plan.

The Numbers Backward Test is so subjective an indicator of impairment from alcohol that it isn’t even standardized by the National Highway Traffic Safety Administration (NHTSA). Because the test isn’t endorsed by the NHTSA, it carries less evidentiary weight than Standardized field sobriety tests. The numbers backward exercise has no objective scoring system, and only the officer’s opinion determines whether the driver passes or fails.

When administering the Numbers Backward Test, the officer tells the driver to listen to the instructions before counting from one to ten, then back down to one. Sometimes the driver is instructed to begin at 100 or 1,000, and told to count backward until told to stop. As the test progresses, the officer will watch closely for signs that could be interpreted as alcohol impairment.

The Numbers Backward Test is a divided-attention test that’s designed to force the driver to concentrate on two tasks simultaneously. The officer will interpret the following as signs of intoxication: an inability to follow instructions, an inability to count, swaying or other balance problems, or starting or stopping the test too early.

However, many factors unrelated to alcohol intoxication could cause a driver to perform poorly on the test, including nervousness, fatigue, or motor-skills impairment. Some officers explain the instructions poorly or even administer the test incorrectly. An experienced DUI lawyer can successfully challenge the results of the numbers backward exercise or another field sobriety test.

Many drivers fear there’s no hope of successfully fighting a driving under the influence charge after a poor performance on a field sobriety test. However, counting backward and other field sobriety tests can be successfully challenged in court. A California drunk driving attorney who focuses on DUI / DWI defense can evaluate a driver’s performance on a field sobriety test and use the results to convince a jury that the driver was not impaired.

DUI Manslaughter

Manslaughter

The most serious of all drunk driving cases are those that involve the death of a person or persons. Punishments in these cases will be very harsh. When a person dies in a drunk driving incident, the prosecutor will usually charge the driver with second degree murder, vehicular homicide, or manslaughter. An experienced California DUI / DWI lawyer can often negotiate a plea bargain with the prosecution. If a fair compromise is not available, then a qualified attorney can vigorously defend against the charges in a trial.

Manslaughter is defined as the killing of another person without intent, but with the knowledge that one’s actions are likely to cause death. The theory behind this definition is that a person who drinks and drives knows that drinking and driving is dangerous and that it could lead to killing a person. This is also defined as criminal negligence.

In manslaughter, intent is not the issue. In all but a few cases, an individual driving under the influence of alcohol does not intend to kill anyone. The prosecution will argue however, that the person knew that his or her actions could lead to a person’s death. When a driver has previous drinking and driving convictions, the prosecutor will be able to argue that the driver really did know how dangerous his or her actions were.

If a DUI / DWI attorney can evaluate the evidence and subsequently prove that the driver was not under the influence of alcohol, the prosecutor must drop some of the charges. Independent experts will investigate the facts behind the drunk driving charge. The experts will investigate the driver’s blood alcohol content (BAC) at the time of the accident.

Chemical tests are typically conducted an hour or more after an incident. This may be especially true when the driver was also injured in the crash. Due to the lateness in conducting the tests, there can be no irrefutable evidence as to what the driver’s BAC was at the time of the incident. It is entirely possible that the driver’s BAC could have increased between the time of the accident and the time of the blood test or breath test.

A competent criminal defense attorney and his or her team of experts will conduct an independent investigation into the facts of the case. An attorney who focuses on drunk driving criminal defense will hire independent investigators to do forensic research and accident reconstruction in order to discover evidence that is favorable to the defendant. An independent investigation is crucial because the defense is up against the police and prosecutors who have the resources to investigate every aspect of the accident in order to collect evidence against the driver.

The consequences in manslaughter cases are harsh. It is therefore crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team will evaluate each case to determine the best possible defense in order to minimize any potential punishments.