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

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 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.

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.

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.

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

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.