Category: No-Cuffs-Report

Criminal Attorney and Celebrity Media Analyst Darren Kavinoky

Tragic Chattanooga Bus Accident Potential Criminal Charges

Criminal charges have been announced in response to the tragic Chattanooga school bus accident that happened Monday, November 21, 2016, in Chattanooga, Tennessee. “Reckless driving can happen at any speed, even below the posted speed limit, if road conditions require it,” says criminal defense attorney Darren Kavinoky.

According to a CNN report, the Chattanooga bus driver Johnthony Walker “has been charged with five counts of vehicular homicide, reckless endangerment and reckless driving.” 5 children have been reported killed and “and six others are hospitalized in an intensive care unit.” [1] [Read more about the story here.]

The Chattanooga Police Department confirmed the arrest and the charges in a Tweet issued today (see above) that says, Johnthony Walker, the bus driver, is 24 years of age. You can watch the Chattanooga Chief Fletcher explain the accident live on Periscope below, calling the accident, “every public safety professional’s worst nightmare.”

Potential Criminal Charges

CBS Local in Detroit reports that a mother who had three of her own kids on the bus, one that was killed in the crash, told CBS News Correspondent Mark Strassmann that the bus driver asked the children moments before a question along the lines of, “Are you all ready to die?” moments before the bus impacted. [2]

If this reported question of the children is confirmed and verified, according to Darren Kavinoky, founding attorney of 1.800.NoCuffs, “That would support first-degree murder charges since it is suggestive of premeditation and deliberation. It’s worth noting that premeditation and deliberation can happen in a moment.”

Kavinoky adds, “Premeditation and deliberation do not mean that somebody has planned out a crime for an extended period of time necessarily. It simply means that the accused had time to reflect on his or her actions. This can truly happen in a moment. This is an area where criminal prosecutor have a massive amount of discretion, a good criminal defense lawyer is worth his or her weight in gold.”

SOURCES
1. Madison Park, Catherine E. Shoichet and Mayra Cuevas. November 22, 2016. CNN. “Chattanooga school bus crash: Speeding driver swerved off road, affidavit says.” Retrieved via http://www.cnn.com/2016/11/22/us/tennessee-chattanooga-school-bus-accident/index.html.

2. CBS Local Detroit. November 22, 2016. “Report: Driver Asked Kids ‘Are You Ready To Die’ Before Crashing Bus In Chattanooga.” Retrieved via http://detroit.cbslocal.com/2016/11/22/report-driver-asked-kids-are-you-ready-to-die-before-crashing-bus-in-chattanooga/.

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Case Assistance

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. The California law firm has decades of experience fighting DUI cases.

Darren Kavinoky - DUI Criminal Defense Attorney Los Angeles

Darren Kavinoky Breaks Down Kim Mathers (Eminem’s Ex-Wife) DUI Case

Darren Kavinoky - DUI Criminal Defense Attorney Los Angeles
Darren Kavinoky – Criminal Defense Attorney Los Angeles

Attorney Darren Kavinoky weighs in on Kim Mathers’ DUI case today saying, “The encouraging part of the story is the judge’s comment that Mathers would be treated like any other person convicted of DUI, notwithstanding her celebrity connection.”

According to The Detroit News, Kim Mathers the ex-wife of well-known rapper Eminem has been sentenced for her DUI arrest. James David Dickson for The Detroit News reports that Mathers “was sentenced to a [$900.00] fine and probation and will avoid jail time after a drunken-driving suicide attempt in October 2015.” Dickson also reports that the judge insists that Mathers’ sentence is reflective of what is standard for first-time DUI offenders. [Read more about the story here.]

Of the Kim Mathers sentencing, Darren Kavinoky, founding attorney of 1.800.NoCuffs, explains, “The encouraging part of the story is the judge’s comment that Mathers would be treated like any other person convicted of DUI, notwithstanding her celebrity connection.”

Celebrity and DUI Verdicts

“Sadly,” Kavinoky adds, “as a criminal defense lawyer, I’ve seen both criminal and DUI cases where celebrity has both helped and hurt the accused. On the helping side, the most classic case is, of course, OJ Simpson, where the prosecution snatched defeat from the jaws of victory.”

“On the hurting side,” Kavinoky points out, “the case of Paris Hilton is a classic demonstration of ‘reverse celebrity,’ where someone’s fame actually increased the amount of jail time that they were ordered to do. In Paris’s DUI case, she was originally released, as any ordinary person would be, due to jail overcrowding. Because the eyes of the world were upon her, the extraordinary measures were taken to return her to jail to complete her sentence. This would never happen to an ‘ordinary’ citizen.”

SOURCES
1. James David Dickson. November 22, 2016. The Detroit News. “Fine, probation, no jail for Eminem’s ex-wife Mathers.” Retrieved via http://www.detroitnews.com/story/news/local/macomb-county/2016/11/22/kim-mathers-eminems-ex-wife-sentenced-dui/94264072/.

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Case Assistance

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. The California law firm has decades of experience fighting DUI cases.

Attorney Michael Meehan

The Right to Remain Silent in DUI Cases (A Cautionary Tale)

Attorney Michael Meehan
Attorney Michael Meehan

Everyone has heard of “The Right to Remain Silent” as guaranteed by the Fifth Amendment of the United States Constitution.  We all have seen on television when the police officer takes out a card and reads: “You have the right to remain silent.  Anything you say can and will be used against you in a court of law…”

When they are stopped for a probable DUI, many people will say, “The officer never read me my rights.”  That is correct; the officer generally will not do this.  The Miranda Warning and the Miranda Rights only apply to questioning that occurs AFTER a person has been arrested.  When the officer starts asking the usually litany of questions (“Where are you coming from?”, “How much have you had to drink?”, “When did you start drinking?” etc.) you may think you can answer the questions and then later have your answers thrown out because you were not warned that they would be used against you. Wrong. The courts have decided that these questions are all part of the “investigation.” Therefore, the officers do not have to read you your rights since you have not been arrested. Anything you say can and will be used against you.

Right to Remain Silent

This seems unfair, and it is.  So, if you are stopped for a DUI and the officer starts asking you questions, you should ask, “Am I under arrest?”  If he says no, then you don’t need to answer his questions.  If he asks you if you have been drinking, you should respond, “Am I under arrest?”  This may upset the poor officer, who definitely feels that everyone he contacts should answer his questions and give him all the evidence needed to put them jail. The reality is, you don’t need to assist him.

How to exercise your right to remain silent

You are not required to assist the officer in any way, nor do you have to perform any field sobriety tests.  If the officer says, “You know, you are probably below the legal limit. If you just blow into this machine, I will let you go,” your response should be (I think you can guess), “Am I under arrest?”

Given how uncooperative you have been, the officer has two choices: (1) he can let you go on your merry way, or (2) he can arrest you for driving under the influence.  Now you may say, “I don’t want to get arrested for driving under the influence.” I don’t want you to be arrested either, but let’s assume the officer was going to arrest you anyway. By not helping him, the case will be very difficult to prove to a jury, and may not be filed at all.  Which is the better option?

Just remember that if the officer intends to arrest you for driving under the influence, you will not be able to talk your way out of it. However, if you confess to the officer that you had “two beers three hours ago,” this will only hurt your case and your chances in court.

You do not have to answer any questions once you are arrested either. However, your rights need to be read to you before you can be questioned.  If you ask for an attorney, your attorney must be present before you can be questioned.

If you are arrested for a DUI, you are not allowed to have an attorney present before you decide whether to take a chemical test (as required by the DMV in the case of a DUI arrest).

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Steven Avery Nephew Brandon Dassey May Not be Released from Prison

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On the heels of Monday’s announcement via CNN that Brandon Dassey (who was featured in “Making a Murderer” series on Netflix) would be released from prison, today a reversal announcement has been made according to TMZ. [1, 2]

Now 27 years old Dassey was convicted for confessing to the crime of murdering Teresa Halbach when he was 16. “In 2005, Dassey, then 16, confessed to authorities that he assisted his uncle, Steven Avery, in raping and killing photographer Teresa Halbach, whose charred remains were found in November 2005 on Avery family property in Manitowoc County, Wisconsin.” [1]

Watch Darren Kavinoky discuss the Steven Avery case on “Did He Do It” here on Investigation Discovery.

The Steven Avery case has given rise to strong opinions–either arguing for or against his and his nephew’s innocence in the murder trial of Teresa Halbach. The theories stem from the September 11, 2003, exoneration with DNA proof that Avery was wrongfully convicted of rape. Avery served nearly twenty years for a crime he didn’t commit. Now Steven Avery faces life in prison for the conviction of the October 31, 2005, murder of 25-year-old Teresa Halbach for which conspiracy theorists believe he was framed. This week, “the judge ruled investigators tricked Dassey, who was 16 at the time and suffered from cognitive problems, into confessing.” [3]

In the “Did He Do It” episode, Darren Kavinoky, founding attorney of 1.800.NoCuffs, says, “I’ve been in this business a long time. And there’s one thing that should happen but rarely does. The government figuring out it might have convicted the wrong guy and then doing something to fix their mistake.”

SOURCES
1. Azadeh Ansari. November 15, 2016. CNN. “‘Making a Murderer’s’ Brendan Dassey ordered released from prison.” Retrieved via http://www.cnn.com/2016/11/14/us/making-a-murderer-brendan-dassey-release/index.html.
2. TMZ Staff. November 17, 2016. TMZ. “‘Making a Murderer’ Brendan Dassey will not be released…for now.” Retrieved via http://m.tmz.com/#article/2016/11/17/brendan-dassey-released-making-a-murderer/.
3. Tribune news services. November 16, 2016. Chicago Tribune. “Judge orders ‘Making a Murderer’ inmate Brendan Dassey released by Friday; state appeals.” http://www.chicagotribune.com/news/nationworld/midwest/ct-brendan-dassey-release-making-a-murderer-20161116-story.html

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs.

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JPMorgan to Pay $264 Million to Settle Allegations of Bribery

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JPMorgan, according to reports today, have agreed to pay $264 million to settle allegations that they violated the Foreign Corrupt Practices Act of 1977, also known as the FCPA, by hiring the children of wealthy Chinese to obtain their business.

The federal authorities claimed that JPMorgan was in violation of the Foreign Corrupt Practices Act which states:

“The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (“FCPA”), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.” [3]

The jobs offered to the children, in this case, were the payments that federal authorities accuse JPMorgan of using as bribes to gain the business of their foreign parents.

The New York Times reported yesterday that, “federal authorities have determined that [JPMorgan] hired the children of Chinese leaders as part of a quid pro quo to win business in the booming nation, clearing the way for a costly punishment.” [1]

Darren Kavinoky, founding attorney of 1.800.NoCuffs, says, “This case is an excellent example of why an individual or entity wants to involve a skilled criminal defense lawyer as early in the game as possible.”

Per a CNN report today by Matt Egan, “JPMorgan Chase improperly hired the ‘unqualified’ children of China’s ruling elite to win lucrative business from the country’s key decision makers, authorities alleged on Thursday.” [2] This appears to resolve a near three year investigation by federal authorities into the bribery allegations.

The “Sons and Daughters” program afforded privileges to the children of Chinese “ruling class.” The jobs were offered to win business. [2] The financial services firm “has agreed to pay more than $130 million to the SEC, $72 million to the Justice Department and $62 million to the Federal Reserve.” [2]

Kavinoky adds, “Criminal defense attorneys can do their best work prior to an indictment or a case being filed. It is far better to kill monsters when they are little, rather than waiting until they are full-size Godzilla’s who are rampaging your town!”

SOURCES
1. Ben Protess and Jessica Silver-Greenberg. New York Times. November 16, 2016. JPMorgan Is Said to Settle Bribery Case Over Hiring in China. Retrieved via http://www.nytimes.com/2016/11/17/business/dealbook/jpmorgan-is-said-to-settle-bribery-case-over-hiring-in-china.html.

2. Matt Egan. CNN. November 1y, 2016. “JPMorgan hired kids of China’s elite to win business, U.S. charges.” Retrieved via http://money.cnn.com/2016/11/17/investing/jpmorgan-china-hiring-bribery-settlement/index.html

3. Foreign Corrupt Practices Act. Retrieved via https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

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Citizen Journalism Leads to Second-Degree Manslaughter Charge

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Citizen journalism and a live facebook stream led to second-degree manslaughter charge being handed out to Jeronimo Yanez, a St. Anthony police officer according to a CNN report. An incident between Philando Castile and the Minnesota police officer resulted in the officer fatally shooting the victim.

The shooting happened at a traffic stop for a broken tailgate per the victim’s girlfriend statement in the video in July 2016. Per CNN, the officer “was charged Wednesday with second-degree manslaughter and two felony counts of dangerous discharge of a firearm, Ramsey County Attorney John Choi said.” [1]

Founding attorney of criminal defense law firm 1.800.NoCuffs Darren Kavinoky says, “This is a case that may never have been filed were it not for ‘citizen journalists‘ armed with smartphones. That said, while there are always special challenges as a criminal defense lawyer representing law enforcement officers, those problems are amplified when the alleged crime (or, like in this case, the aftermath) is caught on tape.

Adds Kavinoky, “As a criminal defense attorney who has spoken to hundreds of jurors after criminal trials, I know first hand how powerful video evidence can be. The adage that a picture is worth a thousand words is never truer than inside a criminal courtroom.”

After reviewing this video evidence the Ramsey County Attorney John Choi did not find evidence that deadly force was warranted. You can watch the video here:

 

SOURCES
1. Ralph Ellis. CNN. November 16, 2016. “Officer charged with manslaughter in Philando Castile killing.” Retrieved via http://www.cnn.com/2016/11/16/us/officer-charged-philando-castile-killing/index.html

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

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The Death Penalty and Criminal Justice in America

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The state of California passed new legislation in the November 2016 election regarding the death penalty. California law will keep the death penalty in place and shorten the appeals process for inmates on death row in California prisons.

Proposition 62 “Repeal of the Death Penalty” was voted down by a 53.7% majority in California this month according to State reported returns. [1] And while this sounds close in numbers, looking at the counties that voted in favor of the measure, it was a landslide victory. The only counties in California that voted to repeal the death penalty are largely coastal and include Humboldt, Mendocino, Sonoma, Yolo, Alpine, Marin, Contra Costa, Alameda, San Francisco, San Mateo, Santa Cruz, Monterey, Santa Barbara, and Los Angeles.

Proposition 66 won by a much closer margin in California at just 51%. Prop 66 addresses “Death Penalty. Procedures. Initiative Status.” This measure gained support from counties that predictably also supported Prop 62. The majority of coastal counties voted against Prop 66.

The measure passed changes that affect the current procedures that are followed regarding both death penalty convictions and sentences. It limits the number of “successive petitions” that can be filed and “establishes [a] time frame for state court death penalty review.” Proposition 66 also allows inmates to be transferred among California prisons, and it “exempts prison officials from existing regulation process for developing execution methods.” In addition, the new legislation increases the amount of money that can be taken from an inmate’s “wages” and given to their victim(s) for restitution. [2]

Pew Research Center recently published “5 facts about the death penalty” by David Masci on the heels of the passing of new legislation regarding capital punishment. It wasn’t just California that had measures on the ballot this year. Nebraska and Oklahoma also voted on measures that support this form of sentencing.

Masci points out the following [3] in his article:

  • 1. 31 states and the federal government utilize the death penalty as means of punishment.
  • 2. Support for capital punishment tends to be partisan. Says Masci, “34% of Democrats favor the death penalty, compared with 72% of Republicans.”
  • 3. To date, 2016 has seen the execution of 17 inmates.
  • 4. A 71% majority of adults admit that there is a risk that “that an innocent person will be put to death.”
  • 5. According to Pew Research Center, opinions about the death penalty to see “racial and gender divides.” Men are more likely to favor it than woman says Masci, as do “a majority of whites (57%) …compared with 29% of blacks and 36% of Hispanics.”

For more information about capital punishment visit Death Penalty Information Center.

 

SOURCES
1. Secretary of State Website. Retrieved via
2. California Secretary of State. “California General Election November 8, 2016, Official Voter Information Guide.” August 18, 2016. Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/complete-vig.pdf.
3. David Masci. Pew Research Center. November 14, 2016. “5 facts about the death penalty.” Retrieved via .
4. Death Penalty Information Center. http://www.deathpenaltyinfo.org/

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

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Playmate Proves Golf Cart DUI Can Be Serious Arrest

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Can you get a golf cart DUI in California? Yes, you can. A playmate was recently arrested for driving under the influence while operating a golf cart, per TMZ’s report.

Just as the Dani Mathers playmate body shaming arrest buzz was dying down, a new playmate is in the spotlight for being arrested.

TMZ reports that Ashley Mattingly now “faces 4 charges for allegedly plowing her golf cart into 4 parked cars while she was hammered.” [1] The 2011 Playmate of the Month lives in Laguna Beach.

Darren Kavinoky, founding attorney of 1.800.NoCuffs, comments on the case. Kavinoky, who has decades of experience fighting DUI cases, says, “Many people mistakenly believe that if they are traveling by unconventional means, such as a golf cart, they are outside the long arm of the law. As this case illustrates, nothing could be further from the truth.”

Kavinoky adds, “DUI laws, and what constitutes a ‘vehicle’ for purposes of those drunk driving laws, will vary from state to state. But it’s possible to get arrested on golf carts, motorcycles, ATVs, and more.”

Mattingly initially told police at the time of arrest that someone stole her golf cart and denied involvement, per TMZ. [2] Mattingly faces charges in Orange County by the D.A. “She faces three counts of driving under the influence and one charge for a hit-and-run involving property damage. All four are misdemeanors,” Golf Digest reports.

 

SOURCES
1. TMZ Staff. November 13, 2016. “Playmate Ashley Mattingly Charged for Drunken Golf Cart Ride.” Retrieved via http://www.tmz.com/2016/11/13/ashley-mattingly-playmate-dui-hit-and-run/.

2. TMZ Staff. October 1, 2016. “Ashley Mattingly Arrested For Drunken Golf Cart Joyride.” Retrieved via http://www.tmz.com/2016/10/01/playmate-ashley-mattingly-arrested-golf-cart/.

3. Alex Myers. Golf Digest. November 14, 2016. “Former Playboy Playmate Ashley Mattingly charged with drunk driving a golf cart.” Retrieved via http://www.golfdigest.com/story/former-playboy-playmate-ashley-mattingly-charged-with-drunk-driving-a-golf-cart

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

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Jason Ross Harris Found Guilty of Murder Locking Toddler in Hot Car

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The Glynn County jury in Georgia has found Justin Ross Harris guilty of murder. Harris is the dad who left his 22-month-old toddler son in the car while he was at work. The criminal defense legal team for Justin Ross Harris argued the father did not leave the child in the car on purpose, but instead forgot he was in the car. Today the announcement came from the court that the prosecution convinced a jury otherwise.

Darren Kavinoky, founding attorney of 1.800.NoCuffs wrote an in-depth investigative article on the story for HLN on July 8, 2014. Writes Kavinoky, “A toddler is dead. His parent, the person entrusted with his very well-being, is charged with murder. …This case has all the makings of a captivating courtroom drama: An innocent, blameless victim; questionable behavior by the accused (including racy ” sexting” activity!); and what is considered by many a plausible defense of an accident, committed by a man his friends and family describe as a loving dad.” [1]

Mayra Cuevas for CNN reports today, “Harris, 35, was accused of intentionally locking Cooper inside a hot car for seven hours. On that same day, Harris was sexting with six women, including one minor, according to phone records.” [2]

The 22-month-old child named Cooper died unattended in the car. Automobile-related hot car suffocation is known as “death by hyperthermia.”

Christopher Brennan writes for New York Daily News today, “Other evidence exposed at trial showed that Harris had watched a video about hot car deaths in the days before the killing and that minutes before he locked the toddler in his car, he said, ‘I love my son and all, but we both need escapes.'” [3]

For more on Darren Kavinoky’s coverage of the case, check out:
“Hot Car” Deaths: Is It Really Possible For A Parent To Forget About Their Child? http://crimefeed.com/?p=6748 via CrimeFeed.com

Watch Darren talk about the case here:

SOURCES
1. Darren Kavinoky. July 8, 2014. HLN. “Is Justin Ross Harris the next Casey Anthony?” Retrieved via http://www.hlntv.com/article/2014/07/08/justin-ross-harris-hot-car-death-opinion-darren-kavinoky.

2. Mayra Cuevas. November 14, 2016. CNN. “Jury finds Justin Ross Harris guilty of murder in son’s hot car death.” Retrieved via http://www.cnn.com/2016/11/14/us/justin-ross-harris-trial-verdict/index.html.

3. Christopher Brennan. November 14, 2016. New York Daily News. “Justin Ross Harris found guilty of murdering toddler son in hot car.” Retrieved via http://www.nydailynews.com/news/national/justin-ross-harris-found-guilty-hot-car-toddler-murder-article-1.2872935.

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Cecilia The Mamacita and Darren Kavinoky 93.5 KDAY DUI Quiz

Cecilia The Mamacita on 93.5 FM KDAY Takes DUI Quiz

Cecilia The Mamacita and Darren Kavinoky 93.5 KDAY DUI Quiz

November 8, 2016–Los Angeles, California–Attorney Darren Kavinoky appears on 93.5 FM KDAY with Cecilia The Mamacita in Los Angeles to give his legal advice on DUI and tests Cecilia The Mamacita on her DUI knowledge.

Cecilia The Mamacita opens the show by saying, “People have seen you on The View, Dr. Phil, Fox News, Entertainment Tonight, Dr. Drew, …you’re very popular and a lot of people love you. But you’re here today and we’re here talking about 1.800.NoCuffs.”

DUI Attorney Darren Kavinoky in Los Angeles on 93.5 KDAY

One of the DUI quiz questions that Darren asks Cecilia The Mamacita is, “True / False. Persistent heartburn makes somebody an inappropriate subject for breath testing in DUI cases.” Cecilia The Mamacita guesses, “False,” but the actual answer is True!

Explains Darren, “Everything in breath testing is predicated on the idea that that junk machine–I’m sorry that that highly scientific machine,” laughs Darren. “I can’t say it without laughing. Measuring alcohol molecules that are found in deep lung air called valvular air, it’s called deep lung air.”

Darren explains, “If you’ve got persistent heartburn, that means that you’ve worn away what’s called the lower esophageal sphincter, the lid on your stomach, and you get these alcohol molecules that are sometimes up in your esophagus in your throat and when you blow those into the machine. The machine isn’t smart enough to know where those molecules are coming from. And so, if you’ve got persistent heartburn you run a real risk that if you give a breath test it’s going to have a falsely high result because those alcohol molecules aren’t coming from deep lung air. They’re coming from that persistent heartburn.”

You can take a DUI Quiz DUI quiz and test your knowledge.

Tune into 93.5 FM KDay online here. http://www.935kday.com/. Follow KDAY on Twitter at https://twitter.com/935kday.

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For more information on 1.800.NoCuffs founding attorney Darren Kavinoky, please visit:
https://www.darrenkavinoky.com
http://www.twitter.com/DarrenKavinoky
http://www.facebook.com/DarrenKavinokyFanPage

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.