Category: Driving Under the Influence

California DUI | Los Angeles DUI Lawyer| California DUI Defense | No Cuffs

Ignition Interlock Devices

The ignition interlock device is a breathalyzer that is installed in a drunk driving offender’s car. This device is used to eliminate the problem of repeat offenders. A California DUI attorney will be able to provide more information on the viability of this device as an alternative sentence.

The device is linked to the car’s ignition. In order for a driver to start the vehicle, the driver must blow into the breathalyzer. If the breathalyzer registers acceptable blood alcohol content (BAC) levels, then the engine will start. If there are traces of alcohol, the car will not start. Once the car is running, “rolling re-tests” may be required every 15 minutes to one hour.

If the motorist fails to perform the test when prompted, or if the motorist’s BAC has risen to an unacceptable level, the car will stop. This rolling test is meant to ensure that a sober person does not do the initial test just to get the car started. In California it is crime to attempt to assist anyone in disabling an ignition interlock, or to blow into the device to start the vehicle for another driver.

California has been forging ahead in the use of the ignition interlock devices. Recent DUI legislation that became effective on September 20, 2005, makes it mandatory for a repeat offender to have the ignition interlock device installed in his or her car as part of the court’s sentence.

Judges have the discretion to order the installation of the ignition interlock device in the car of any DUI offender whether they are repeat offenders or first-time offenders. This means that any time a judge deems it appropriate, he or she may order the mandatory installation of the ignition interlock device in any vehicle the offender drives. A California criminal defense attorney will make sure that the interlock ignition device is used only when appropriate.

Most commonly, the ignition interlock device is used when a person has refused to submit to a post-arrest chemical test or when the results of a chemical test registered a BAC of .15 percent or greater. A person who is arrested for driving on a suspended license that was suspended as a result of a drunk driving conviction will be required to install the ignition interlock device.

Of primary importance to people arrested for driving under the influence of alcohol in California is that ignition interlock devices are a great bargaining chip for DUI lawyers. A qualified California DUI criminal defense lawyer will be able to use an ignition interlock device as a tool for negotiating a plea bargain with negotiated consequences when the facts allow for it.

The ignition interlock device can be helpful whenever safety and alcohol-free driving is important. For example, parents may use the device to ensure that their teenage children are not drinking and driving. The device can also be used in cases of divorce or separation when one parent is concerned that the other parent may be driving while intoxicated with children in the car.

Riverside and San Bernardino counties DUI / DWI Arrests

Riverside and San Bernardino counties DUI / DWI Arrests

A DUI / DWI arrest in Riverside or San Bernardino county carries extremely serious consequences – if convicted, you face a large fine, a lengthy driver’s license suspension, and even the possibility of spending time in jail. Fortunately, you have an opportunity to aggressively fight your Inland Empire DUI / DWI charge and completely avoid these repercussions. The skilled DWI/DUI lawyers of Riverside, CA and San Bernardino County of The Kavinoky Law Firm have the experience needed to effectively fight your Inland Empire drunk driving charge and create reasonable doubt in your guilt.

If you were arrested for DUI / DWI anywhere in Riverside or San Bernardino County, it’s critical to have an expert drunk driving lawyer to walk you through this confusing experience. A skilled Inland Empire DUI / DWI defense lawyer will assist you with every aspect of your drunk driving case, including obtaining your release on bail or on your own recognizance (OR) and requesting a hearing with the California DMV.

Requesting your DMV hearing in a timely manner is critically important in a California DUI / DWI case. If you fail to request a DMV hearing within 10 days of your arrest, your driver’s license will be automatically suspended. However, like your drunk driving criminal case, the administrative case brought against you by the California Department of Motor Vehicles can be aggressively defended.

An experienced Inland Empire DUI / DWI lawyer will also start planning an effective defense strategy to defend you in court. Your DUI attorney in Riverside, CA should aggressively challenge the result of your chemical test, your field sobriety test, and any observations by the arresting officer that point to your intoxication.

If you refused to take a chemical test to determine your blood alcohol content (BAC), face punishment from both the California DMV and the court. You’re required by law to submit to a breath or blood test after a lawful California DUI / DWI arrest, and refusal to do so will cause the DMV to suspend your driver’s license for an additional length of time. Also, the prosecutor will introduce your refusal as evidence of “consciousness of guilt.” However, it may be possible to have your refusal excused if convincing evidence of extenuating circumstances is presented. Some so-called “refusals” stem from something as simple as a medical condition or a misunderstanding..

Your future may hinge on the lawyer who handles your Inland Empire DUI / DWI case, so don’t entrust it to an amateur. The experienced Riverside and San Bernardino DUI / DWI lawyers of The Kavinoky Law Firm can answer all of your questions about your Inland Empire drunk driving arrest during a free consultation.

Alcohol Education Programs in Amador County, California

Alcohol Education Programs in Amador 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 Amador County, California:

Amador County DDP
(Service Provided: First Offender, 18 Month)
1001 Broadway,
Suite 106,
Jackson, California 95642
Phone: 510-569-9888; Fax: 209-223-3460

» 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 Madera County, California

Alcohol Education Programs in Madera 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 Madera County, California:

Kings View Community Services
(Service Provided: First Offender, 18 Month)
125 South D Street,
Suite 101,
Madera, California 93638
Phone: 559-673-8006; Fax: 559-673-0267

Kings View Community Services
(Service Provided: First Offender, 18 Month)
49774 Road 426,
Suite D,
Oakhurst, California 93644
Phone: 559-683-4809; Fax: 559-683-6499

» 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 Diego County, California

Alcohol Education Programs in San Diego 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 Diego County, California:

East County ACCORD
(Service Provided: Service Provided: First Offender, 18 Month)
1136 Broadway,
Suite 10,
El Cajon, California 92021
Phone: 619-562-5850; Fax: 619-562-5685

MAAC DDP
(Service Provided: First Offender)
1355 Third Avenue,
Chula Vista, California 91911
Phone: 619-409-1780; Fax: 619-425-1812

SDSU Center on Substance Abuse DDP
(Service Provided: First Offender)
9245 Sky Park Ct.,
Suite 101,
San Diego, California 92123
Phone: 858-467-6810; Fax: 858-467-6822

Occupational Health Services, Inc.
(Service Provided: First Offender)
1637 Capalina Road,
San Marcos, California 92069
Phone: 760-744-9201; Fax: 760-744-8946

» 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.

How Do I Find an Experienced Los Angeles DUI Attorney?

Experienced Los Angeles DUI Attorneys

It is important to hire a Los Angeles criminal defense lawyer when faced with a Los Angeles criminal charge. Not all criminal lawyers are the same. You want to make sure that you are given all the resources possible to resolve your criminal case with minimal repercussions. At the Kavinoky Law Firm, you not only get the knowledge and experience to win, you get an entire team working around the clock on your behalf.  Our main objective is to remove all the burdens off your shoulders. Let us handle the case, so you can sleep well at night.
There are many aspects and procedures that can be challenged to help get you off your criminal charge. We spare no expense to make sure we have uncovered all avenues of your Los Angeles criminal case.  We understand the impact of a criminal charge on your life and livelihood.

We focus on a plethora of Los Angeles criminal charges including:
Assault
Appeals
Battery
Bench Warrants
Crimes Against Children
Domestic Violence
DUI
DUI Drugs
Drug Crimes
Drug Possession
Embezzlement
Expungement
Federal Cases
Fraud
Gang Offense
Grand Theft
Investigatory
Manslaughter
Murder
Robbery
Sex Crimes
Violent Crimes
Weapons Crimes
White Collar Crimes

Big-Firm Resources, Small-Firm Feel

• The Kavinoky Law Firm has more than a dozen lawyers and a support staff of 25.

• We employ a team approach: Your defense strategy will be engineered by founding lawyer Darren Kavinoky, Senior Supervising Attorney Joel Koury, Northern California Managing Attorney Michael Meehan, and their handpicked team. The Kavinoky Law Firm has more than a century of combined legal experience, and over 500 completed jury trials.

• We are one of the largest law firms in California that concentrates on defending cases involving alcohol and drugs. This translates into greater resources for your defense.

• We employ a specialized Intranet Toolkit to ensure all of our attorneys effectively collaborate, share information, and work in concert.

• All of our attorneys use Blackberries or Droids. This means that you’ll receive an immediate response to your emails and phone calls and outstanding customer service.

• We have a network of attorneys throughout the United States for cases that involve issues that cross state lines, such as foreign prior convictions, or those involving out-of-state driver’s licenses that could be impacted by an action in California.

• We conduct frequent comprehensive case-evaluation roundtables, where a “mastermind” group of lawyers each review your case, and come up with the best approach that is designed to achieve the best possible result in your criminal case.

• We have an-house appellate department to address writs and appeals. We are willing and equipped to fight (and have successfully fought), significant legal issues all the way to the Supreme Court.

• We employ a team approach, which translates into more resources to come up with the winning strategy in your case.

Our Los Angeles Offices:
Encino
Los Angeles

 

We proudly cover these areas of Greater Los Angeles:
Acton, Agoura, Agoura Hills , Alhambra, Antelope Valley, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Bradbury, Brentwood, Burbank, Calabasas, Camarillo, Carson, Claremont, Commerce, Canoga Park, Century City, Chatsworth, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, East Los Angeles, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Industry, Irwindale, La Canada-Flintridge, Lake Balboa, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Los Angeles , Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Newhall, North Hollywood, Northridge, Norwalk, Oxnard, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Quartz Hill, Rancho Palos Verdes, Redondo Beach , Reseda, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Fe Springs, Santa Monica, Sherman Oaks, Sierra Madre, Signal Hill, Simi Valley, South El Monte, South Gate, South Pasadena, Studio City, Sylmar, Temple City, Thousand Oaks, Three Points, Torrance, Valencia, Van Nuys, Ventura, Vernon, Walnut, West Covina, West Hollywood, Westwood, West Los Angeles, Westlake Village, Whittier, Woodland Hills.

California Supreme Court Allows Traffic Stops Based on Uncorroborated Tips

California Supreme Court Allows Traffic Stops Based on Uncorroborated Tips

In a setback for privacy and civil rights, the California Supreme Court has ruled that police can use anonymous tips to stop suspected drunk drivers even if the officer doesn’t spot any illegal activity. An attorney plans to appeal the ruling to the U.S. Supreme Court.

In a 4-3 decision, the court ruled that a California Highway Patrol officer acted properly when he pulled over a San Joaquin Valley woman after an anonymous caller said her van was weaving, even though the officer witnessed no signs of impairment. The woman later failed a field sobriety test and was arrested for heroin possession.

The ruling gives police in California the broadest powers in the nation to pull over suspected drunk drivers and other motorists based only on anonymous tips. In recent months, the state has posted signs urging motorists to report suspected DUI / DWI drivers to the CHP. Those signs, coupled with the high court’s decision, open the door for abuse by drivers involved in road rage or grudges unrelated to criminal activity.

Three justices opposed the ruling, saying police should not be allowed to stop motorists without witnessing illegal activity. “One of the hallmarks of the liberty guaranteed to persons in this country is that agents of the government cannot arrest, seize or detain them without a good reason,” Justice Kathryn Mickle Werdegar wrote for the minority.

The panel’s ruling comes on the heels of a string of high court decisions that erode the rights of criminal suspects across California and the nation. The California Supreme Court recently ruled that police can enter some DUI / DWI suspects’ homes without a warrant to administer chemical tests.

In addition, the U.S. Supreme Court has ruled that police can enter suspects’ homes without knocking if they have a valid search warrant. However, the justices also recently ruled that police cannot pat down a suspect for weapons based on an uncorroborated tip.

Defense attorneys decried the California Supreme Court’s ruling on anonymous tips as a setback for privacy and civil rights that may resonate for decades.

“Anyone can call in an anonymous tip for any reason,” said Darren T. Kavinoky, one of California’s top criminal defense attorneys. “This ruling essentially allows police to go on fishing expeditions in the vehicle of any driver unfortunate enough to be the target of an anonymous tipster.”

Despite the setback, motorists arrested for drunk driving or any other criminal offense involving an anonymous tip still have numerous options to launch an effective defense. An experienced California criminal defense attorney can challenge evidence on a number of fronts and dismantle a prosecutor’s case.

The top attorneys of the Kavinoky Law Firm are experienced in defending DUI / DWI cases and other criminal charges throughout California. The firm’s expert attorneys will develop an aggressive defense strategy to challenge charges of driving under the influence of drugs or alcohol, drug possession, or any other criminal offense.