List of Expert Witnesses for DUI / DWI Cases

1. Mary McMurray, Blue Mounds, WI. Chemistry degree. Previously worked for Wisconsin State Patrol on Intoxilyzer 5000 as instructor and maintenance tech. Extensive experience with BAC Datamaster, Intoximeter EC-IR and Draeger 7410 & 7110. Expert on preliminary breath testing-devices. Expert on software applications for breath instruments. Also former SFST instructor in 1980s and early 1990s. Mary’s e-mail: [email protected].
2. Jay Zager, Ft. Lauderdale, FL. Ex-cop in Broward County. Medical retirement after 15 years. CMI factory-trained on BOTH the Intoxilyzer 8000 and 5000. Repair technician approved by factory. Also, NHTSA SFST instructor. E-mail: [email protected]. Phone: 954-752-9788; FAX (954) 752-9788.
3. Robert (Bob) LaPier, (208) 754-4632, (800) 257-4643. SFST instructor. Ex-cop who has trained thousands of cops on SFSTs. DRE instructor. Accident reconstruction. Intoxilyzer 5000 maintenance and instructor certified. www.LaPier.com.
4. Steve Rubenzer, Houston, TX. E-mail: [email protected]; website: www.SteveRubenzerPhD.com; 11914 Astoria, Suite 490, Houston, TX 77089; Ph: 281-481-5715, Fax: 281-922-5903. Bachelor of Science, Psychology, University of Wisconsin, Oshkosh, 1981; Master of Science, Clinical Psychology, University of Houston, 1984; Doctor of Philosophy, Clinical Psychology, University of Houston, 1990; Licensed Psychologist in Texas since 1992. SFST instructor, plus has taken special courses on eye movements at the University of Houston College of Optometry that enable him to testify about HGN and similar eye movements. ABPP Diplomate in Forensic Psychology (one of 220 in USA), American Board of Professional Psychology.
5. Walden, Platt & Associates, Bryan, TX. Two Master Police Trainers (Troy Walden and Lance Platt) with Ph.D. degrees; retired from police work as NHTSA & IACP DRE and SFST trainers of the trainers; also handle in-depth police investigation and analysis of DUI / DWI case files and are available for testimony in court proceedings. www.WaldenPlatt.com. (979) 822-3060; Fax: (979) 822-3061. [email protected] or [email protected]. Supervise SFST Student and Instructor Courses across the USA.
6. Bob Awtrey, LaGrange, Georgia. Accident Reconstruction Specialist, phone: 706-645-1643; fax: 706-663-4081. Former mathematics teacher and then 20 years with Georgia State Patrol; taught reconstruction for Georgia law enforcement officers in statewide program. www.SouthEasternSafetyAssociates.com; E-mail: [email protected].
7. Stefan Rose, MD, Physician trained in General Psychiatry, Clinical Pathology and Forensic Toxicology, 10130 Northlake Blvd., Suite 214, #300, West Palm Beach, FL 33412, phone: 561-795-4452, Fax: 561-795-4768, pager 800-555-6449; [email protected]. Expertise in drugs, especially cocaine, plus expert on Intoxilyzer 5000, drug dog expert.
8. David Stafford, Ph.D, Memphis, TN; Toxicologist (formerly with University of Tennessee Medical School over 30 years, now retired); Breath, Blood, Urine, SFST. Drugs, Alcohol, arson investigation.
9. Pat Demers, Retired Pharmacist and Masters in Forensic Science. Formerly ran crime lab in Massachusetts. Currently resides in Maine. Phone: 207-636-2908; Cell: 207-459-0981; E-mail [email protected]; 124 10th Street, Acton, ME 04001.
10. Rick Swope, Davie, FL- SFSTs, Accident Reconstruction, Engineer – 8211 SW 28 Street, Davie, FL 33328. Office: 954-476-7640; Fax: 954-476-9224. Master’s Degree, Engineering; Ex-cop and Ex-DUI Task Force Officer. SFST Master Instructor. [email protected]; www.Swoperecon.com.
11. Edward F. Fitzgerald, JD, Mesa, AZ. Wrote book on Intoxication Test Evidence, general information on breath-test principles and blood/urine testing. E-mail at: [email protected]. www.Edwardffitzgerald.com.
12. Dr. Michael Hlastala, Ph.D. Breath testing-device expert, Professor of Lung Physiology and Biophysics and of Medicine, Seattle, Washington, Phone: 206-543-3166; Fax: (206) 685-8673; E-mail: [email protected]. Practicing since 1969, with over 350 published articles or books.
13. Dr. James Woodford, Ph.D., Chemistry, Chattanooga, TN; [email protected] or [email protected], Breath, blood, urine, drugs or alcohol. Also, attended first SFST student course in 1994.
14. Harvey Cohen, Ph.D, C.I.H., Cambridge Technical Associates, PO Box 920113, Needham, MA 02492. Phone: 781-449-4335, Fax: 781-449-1539, Co-Author of Harvey M. Cohen & Joseph B. Green, APPREHENDING AND PROSECUTING THE DRUNK DRIVER (Matthew Bender 2002). [email protected].
15. Dr. Robert Middleberg, Pharm. D., Ph.D., 3701 Welsh Road, Willow Grove, PA. Phone: 215-657-4900; Fax: 215-657-2972. Intoxilyzer 5000; pharmacology issues, toxicology. Currently directs the Forensic Toxicology Unit of National Medical Services, as well as serving as a laboratory director. Previously served as the Director of Expert Services for NMS, and coordinated medico-legal issues for courts, attorneys, etc.
16. Charles E. Smith, DUI Consultant, Ex-cop (23 years) with Factory Maintenance and Repair Training by CMI (40 hours); over 30 years of O-T-J training; SFST instructor; DRE instructor; plus has been court qualified to do retrograde work as a toxicologist in Florida (from job training, not educational degrees). SFST Instructor Training in 1983, plus has taught DRE course; Phone: 772-286-5761; fax: 772-286-6732; [email protected].
17. Francis Gengo, Pharm.D, Ph.D., Pharmacology; Toxicology; 64 Dan Troy Dr., Williamsville, NY 14221-3550, phone: 716-634-0915. See web information at www.Dentinstitute.com/document_26_4.php. Dr. Gengo currently serves as an Associate Professor of Pharmacy and Neurology and a Clinical Assistant Professor of Neurosurgery at the SUNYAB School of Medicine.
18. Steven W. Rickard, Accident Reconstruction Expert & Animation of Accidents. Prior PA State Trooper with over 30 years total experience. 1644 Whitley Drive, Harrisburg, PA 17111.
19. William C. Fischer, Endicott, NY. Phone: 607-785-5766; Fax: 607-748-8404, Accident Reconstruction and Vehicle Fault Expert.
20. David Sweeney, Conway, SC. Pharmacokinetics, Pharmacology, Infrared Breath Testing (BAC Datamaster and basic issues for Intoxilyzer 5000); effects of EITHER alcohol or drugs – prescribed and non-prescribed (contraband) – 843-241-3108 (cell); 843-347-0352 (work). E-mail: [email protected].
21. Tony Corroto, 17 years of police work with Atlanta PD – Master Instructor of Instructors in BOTH SFSTs and DREs – Oversaw breath test program & ran over 10,000 Intoxilyzer 5000 breath tests – Web site: www.DUIexpertWitness.com; E-mail: [email protected]; Phone: 404-906-2153; Fax: 770-693-9852.
22. Lawrence Masten, Ph.D in Toxicology, Board Certified in Toxicology; 873 West Bay Drive, 186, Largo, FL 33770. Fax: 727-595-0785; toll-free: 866-329-9262; [email protected]. Handles collection, transport, storage, and analysis of legal and hospital blood for BACs & the interpretation of BACs and factors that affect BAC readings and/or blood/urine drug levels. 33 years experience.
23. Dominick A. Labianca, Ph.D., Department of Chemistry, Brooklyn College of The City University of New York, Brooklyn, NY 11210; 718-951-5458. Expert in blood, urine, proper testing, conversion from serum to whole blood.
24. Dr. Alfred E. Staubus, Pharm.D., Ph.D.. Phone: 614-451-1406, Fax: 614-451-1407 (alcohol and drug issues; blood, breath or urine testing). E-mail: [email protected]. 1015 Kenway Court, Columbus, OH 43220.
25. Dr. David Schneider, Pharm D., BA in Biology; Practicing Pharmacologist for 30+ years, Royal Oak, MI. Phone: 313-577-1579; Fax: 810-545-2475.
26. William Giguiere, B.S. in zoology, with minors in chemistry and political science; grad studies in marine biology; Masters in secondary education to teach biological and physical sciences; graduate studies in toxicology, pulmonary functioning and respiratory therapy and in alcohol studies; presently working at Park-Gilman Clinics, Inc. Burlingame, CA 94010. Phone: 650-259-7564 or Fax: 650-259-7952.
27. David (Dave) Fries – Live Oak, FL; Intoxilyzer 5000, SFST Field Testing (Instructor) – 386-344-1770 cell; 386-658-2687 fax; [email protected]. Ex-cop with extensive experience on the Intoxilyzer 5000.
28. Kenneth Glaza, K & R’s Recording Studio, Inc., www.knr.net, V:(248)557-8276 F:(248)557-0441, forensic audio or video enhancement or filtering, plus other engineering services.
29. Bill Taylor, Standardized and Non-standardized Field Testing and Intoxilyzer 5000. Phone: 770-534-1501. E-mail: [email protected]. Ex-cop (27+ years) who has trained in excess of 3000 instructors and students on SFSTs. Retired Police Captain, in charge of the DUI task force. Formerly headed up State of Georgia original training on NHTSA SFSTs & alcohol/drug training for 3 years, after retirement as cop in 1991.
30. Dr. Terry Martinez, Toxicologic Associates Inc., 6614 Clayton Road, #107 Richmond Heights, Mo 63117; Phone: 618-345-0786; 618-367-8700; ext. 1404. Holds Ph.D. in Pharmacology. He is also an expert on methamphetamine manufacture cases.
31. Jerry W. Bush, MD, medical degree, University of Alabama; B.S. in Pharmacy, Auburn University (1st in class); Board Certified in Internal Medicine; background in pharmaceutical research; certified Independent Medical examiner; presently in private medical practice south of Atlanta. P.O. Box 39, Williamson, GA 30292.
32. Gil Snowden, Brick, NJ; [email protected]; Phone: 732-458-4014; Fax: 732-458-3449; former New Jersey State Police Breath Test Coordinator/Instructor and DWI/SFST instructor, now expert for breath-testing and SFSTs.
33. Mike McDermott, Forensic Audio & Tape Expert, Great Falls, VA. Phone: 703-757-0103; Fax: 703-757-0262; E-mail: [email protected].
34. Dr. David Benjamin, Ph. D., 77 Florence Street, Suite 107, Chestnut Hill, MA 02467. Phone: 617-969-1393, Fax: 617-969-4285. Alcohol or drugs are within his realm of expertise.
35. Joe Citron, MD, JD (board-certified ophthalmologist for 30+ years), Atlanta, GA. HGN guru (from both medical standpoint and SFST training) and other SFSTs (certified); Intox 5000 (factory certified instructor); medical testimony such as symptoms that mimic alcohol impairment after traffic accident; medical degree, Albert Einstein College of Medicine, NY; residency at Mayo Clinic, Rochester, MN – 404-261-2911 or 404-386-1100 or 404-784-5297. e-mail: [email protected].
36. Dr. Richard Saferstein, Ph.D., 20 Forrest Court, Mount Laurel, NJ 08054, (856) 234-7134 Voice, (856) 778-4841 Fax. Ph.D. in Chemistry. Noted author of books on Forensic Science. Former Chief Chemist for the State of New Jersey.
37. Stan Alari, Radar and Laser Expert, 412 North Pacific Coast Hwy #237, Laguna Beachm, CA 92651, 1-877-SOX RADAR; Fax: 760-406-6222; E-mail: [email protected]. Stanley Alari & Associates. www.StantherAdarman.com.
38. Joseph William Huff, Ph.D. in Physiology from Medical College of Georgia, Masters in Pharmacology from University of Georgia, B.S. in Chemistry with minors in Biology and Mathematics from West Georgia College, 118 Lyle Way, Carrollton, GA 30117, CEO, Materials and Surfaces, Ltd; Adjunct Professor, State University of West Georgia; 770-834-8611; Fax: 770-832-1028; [email protected]. Previously worked as Assistant Professor teaching Ophthalmology at the Bethesda Eye Institute.
39. Dr. Spurgeon Cole, Ph.D., Psychology (formerly with Clemson University); Expert in Psychophysical Testing protocol and devastating witness regarding the lack of scientific method in implementation of SFSTs and “Validation Studies”; 1040 McNutt Crossing, Bogart, GA 30622, (864) 710-1293 (cell), [email protected].
40. Dr. Ronald Nowaczyk, Ph.D., received BA from Northwestern University, MA and Ph.D. Miami University (Ohio), Associate Vice Chancellor for Economic and Community Development, Head of Department, Professor of Psychology, Office of Economic and Community Development, 300 E. First Street, 301 Willis Building, East Carolina University, Greenville, NC 27858; Phone: 252-328-6650, Ext. 231, Fax: 252-328-4356, E-mail address: [email protected].
41. Gil Sapir, Forensic Science Consultant, undergrad degree in Microbiology and Biology, Colorado State University, Master of Science in Criminalistics, University of Illinois-Chicago; JD degree, Chicago-Kent College of Law; extensive publications and law review articles on breath-testing deficiencies and SFST unreliability; has taken factory training on most breath-testing devices, including EC-IR, DataMaster, Intoximeter 3000. SFST trained. E-mail: [email protected]; P.O. Box 6950, Chicago, IL 60680.
42. Ron Lloyd, Villa Rica, GA, former Georgia State Trooper for 13 years; NHTSA SFST Instructor; DRE Instructor; Top Instructor in Georgia when he departed to be a private investigator and expert in DUI cases; Intoxilyzer 5000 operator trained (as a cop), but not a factory ‘technician”. (770) 463-8823 Business; (770) 463-8813 Fax; 12 North Alexander Creek Road, Newnan, GA 30263. E-mail: [email protected].
43. James Johnson, Polygraph Expert, Former Chief Polygrapher for U. S. Air Force (Europe), 11 Deerwood Drive, Litchfield, NH 03052-8004, 603-424-6365.
44. Lonny E. Horowitz, MD – Was an EMT prior to attending medical school; worked for 4 years during residency and internship in trauma units in NY and NJ area; can provide expert testimony about symptoms of traumatic head injury mimicking alcohol intoxication; also expert in diabetes, hypoglycemia and high protein diet issues for breath test interference defense. No training on breath testing-devices, but can explain how ketone conversion to isopropyl alcohol may be misread by an infrared device as ethyl alcohol. 770-393-3438. Woodstock, GA location. [email protected].
45. Forensic Gait Analysis Group, Two podiatrists [Dr. Clark D. Miller and Dr. Paul N. Greenberg] provide medical and scientific review of DUI-DWI suspects regarding foot function and gait analysis. Use computer technology to quantitatively measure and analyze gait patterns for purposes of refuting police claims of impairment as shown through field sobriety testing procedures. 212-794-2060 (NY) or 973-379-4965 (NJ). www.ForensicGait.com and E-mail at: [email protected].
46. Ronald Henson, Ph.D. Peoria, IL (309) 360-5614; P.O. Box 10706, Peoria, IL 61612-0706. Ph.D. (Dissertation: Workplace Drug & Alcohol Testing), M.P.A., B.S. Ex-police officer and previously worked for State of Illinois as an Instructor for Breath, Blood, and Urine Alcohol Testing and SFSTs. Expert experience with the Intoximeter EC/IR, Intoximeter 3000, AlcoSensor Models III & RBT IV, Intoxilyzer 5000 & 4011s, BAC Verifier, BAC DataMaster, portable breath-test devices, and related physiology and pharmacology principles associated with alcohol testing.
47. Dr. Sarah Kerrigan, Ph.D., Forensic Toxicologist. A Scotland Yard training toxicologist whose specialty is drugs that impair, Dr. Kerrigan received her BS in Chemistry/Analytical Chemistry and Toxicology and her Ph.D. in Chemistry in the field of drugs of abuse testing. Mailing Address: P.O. Box 7429, Houston TX 77248-7429; Office: 713 868 2440; E-mail: [email protected].
48. Dr. Gerald P. Simpson, Ph.D., 846 Woodlawn Dr, Thousand Oaks, CA 91360
49. Jan Semenoff, a factory-certified instructor for the Intoxilyzer 5000, and a former Canadian police officer. E-mail: [email protected]; Web site: www.itd2.com; offers breath training course for Intoxilyzer 5000.
50. J. Robert Zettl, Forensic Toxicologist (Bachelor of Science in Bacteriology with minor in Physical Chemistry; Masters in Public Administration), (Intoxilyzer 5000, blood tests; urine tests) Littleton, CO. E-mail: [email protected]; formerly with State of Colorado Alcohol Program for over 25 years.
51. Joann Samson, Ph.D., Toxicologist/Physiologist, NHTSA Certified Instructor, Breath, Blood and Urine Expert, 17 Princeton Street, Concord, NH 03301, (603) 229-0073; Fax: (603) 224-6933, [email protected] [Former State Toxicologist].
52. Thomas E. Workman, Esq., Patent Attorney with 30+ years in high-level computer software, firmware and hardware development; understands “Source Code” issues and analyze code and can testify about flaws in programs running breath computers. 41 Harrison Street, Taunton, MA 02780; 508-822-7777; Fax: 508-824-2420; E-mail: [email protected].
53. Wanda Marley, RN, BSN, CRNA, MS, PhD., Fort Collins, CO. Worked as Emergency Room and Intensive Care nurse, then Certified Registered Nurse Anesthetist (CRNA) in operating room for total of 16 years. Trained at Mayo Clinic in anesthesia, and got a Master’s degree at the University of Kansas, which stressed primarily pharmacology and toxicology. Taught physiology and pharmacology at Colorado State University for 7 years, after earning a Doctoral degree there, in physiology. Worked for 19 months as Senior Scientist at Rocky Mountain Instrumental Laboratory, then opened medical-legal consulting business. Testifies on DUI and DUID cases, particularly when the client has some medical problem or takes prescription meds which contribute some degree of psychomotor impairment. Website: www.RockyMedleg.com; E-mail: [email protected]; Phone: (970) 224-4587; Fax: (970) 224-1194.
54. Gary Lage, Ph.D, Toxicologist; can handle alcohol or drugs with blood tests, pharmacology issues; ToxLogics, Inc., 22 Bernard Street, Ewing, NJ 08628; (606) 883-9077; Fax: 609-883-9044; E-mail: [email protected]; Website: www.rtctox.com/lage.php.
55. John Woodward, Utica Toxicology Services, 737 3rd Avenue, #E, Chula Vista, CA 91910. Has been an expert for state in more than 2500 cases prior to moving over to independent labwork in criminal and civil cases. Phone: 619-420-8388; Fax: 619-420-4128; E-mail: [email protected].
56. Barry S. Reiss, Ph.D., 8006 Bellafiore Way, Boynton Beach, FL 33437, E-mail: [email protected]. Pharmacology expert witness for civil, DUI, DWI, and federal pharmacy law. Licensed in Florida and New York. Twenty-five years of experience in providing pharmacology expert witness testimony. Author of three books on Pharmacology; former pharmacology professor.

Supreme Court Approves No-Knock Warrants

For decades, police were required to knock and announce themselves before entering a private home to execute a warrant. That protection has disappeared in the wake of a recent U.S. Supreme Court ruling that held that police can burst into criminal suspects’ homes without knocking if they have a valid warrant.

Overturning more than 90 years of precedent that held that such entries violated the Constitution’s Fourth Amendment ban on unreasonable search and seizure, the justices ruled in Hudson v. Michigan that Detroit police were justified when they barged into a man’s home looking for weapons and drugs.

As the nation’s highest court grows more conservative, and Constitutional protections are weakened or eliminated, it’s more important than ever to have an experienced criminal defense attorney fighting for the rights of defendants.

The ruling means that defense attorneys will have to use other proven methods to exclude evidence from trials that was seized during warrant searches. A skilled attorney may argue that permission was improperly obtained, that the search was improperly executed, or that evidence seized was outside of the scope of the warrant.

An experienced criminal defense attorney will use these avenues and other available options to challenge evidence and convince jurors that there is reasonable doubt in a defendant’s guilt.

“There are many ways to challenge evidence in a criminal trial,” said Darren T. Kavinoky, a top-notch defense attorney known for his expertise in having evidence excluded. “This ruling makes it more difficult for defendants to get a fair trial, but a skilled defense attorney will find a way to ensure justice.”

Four justices dissented from the ruling, saying the ruling will further erode the Constitutional rights of Americans and essentially give police a free pass to enter private homes without notice.

“It weakens, perhaps destroys, much of the practical value of the Constitution’s knock-and-announce protection,” Justice Stephen Breyer wrote on behalf of himself and three other liberal justices.

The U.S. Supreme Court’s Hudson v. Michigan ruling means it’s more critical than ever to have superb legal representation in any criminal matter. The top attorneys of the Kavinoky Law Firm employ tested methods to exclude evidence in criminal matters and ensure that defendants receive a fair trial.

Californians Pass One of Nation’s Toughest Sex-Offender Laws

Californians have overwhelmingly passed a ballot initiative that gives the state some of the strictest requirements in the nation for sex offenders. Proposition 83, known as Jessica’s Law, requires that registered sex offenders live 2,000 feet from parks and schools and allows for lifetime satellite tracking of certain offenders.

The measure is certain to be the subject of a fierce court battle. Prop. 83’s language makes it unclear whether the law will apply retroactively to California’s 90,000 registered sex offenders. And the expanded residency restrictions will likely be the subject of a constitutional challenge.

California law already prohibits registered low-risk sex offenders from living within 1,320 feet, or a quarter mile, from schools. The new requirements, if they survive a court challenge, will likely push many offenders out of cities and into rural areas, where they will face problems finding employment, transportation, and other necessities.

Forcing parolees onto public assistance doesn’t help Californians – it hurts them. There are better ways to protect children than to increase the burden on our welfare rolls.

In addition to being constitutionally dubious, Jessica’s Law is certain to be costly. The cost of using satellites to track paroled rapists, child molesters, and other felony sex offenders is expected to cost California hundreds of millions of dollars.

Prop. 83 also will further erode one of the basic tenets of our justice system – that once individuals served their sentences, they should be allowed to pursue productive lives.

Above all, Prop. 83 is unlikely to achieve what its backers set out to do – guard children and other vulnerable individuals from predators. In Iowa, where a similar law was passed, many sex offenders simply failed to register their addresses to avoid the restrictions. A coalition of Iowa prosecutors is now pushing to have the law overturned.

In California, many people fear that Prop. 83 will have a similar effect, said Darren Kavinoky, one of the state’s top defense attorneys and an expert on constitutional search and seizure issues.

“I’m in favor of anything that will protect children, but I don’t think Jessica’s Law will accomplish that goal,” Kavinoky said. “If it survives court challenges, Proposition 83 will serve only to deprive many individuals of adequate employment and housing, and prompt many to avoid registering as sex offenders.”

Studies by California Senate researchers show that under Prop. 83’s restrictions, nearly all of San Francisco and most of Los Angeles would be off-limits to registered sex offenders. In addition to making it nearly impossible for offenders to live near employment opportunities, Prop. 83 will force certain rural communities to bear a disproportionate burden.

The bureaucratic and financial burden of enforcing Prop. 83’s monitoring requirements is expected to be monumental, particularly if it’s interpreted to include tens of thousands of existing offenders.

Satellite tracking of so many individuals requires not only technology but also manpower. Using transmitters to track people is useless unless officials are prepared to devote resources to monitor and enforce the requirements. California’s law-enforcement resources are already stretched to the limit.

Prop. 83’s passage shows that it’s more important than ever to have expert legal representation if accused of a crime. The best way to avoid draconian restrictions is not to be convicted in the first place.

There’s too much at stake in any prosecution not to have an experienced defense lawyer fighting for the defendant’s rights. The skilled attorneys of the Kavinoky Law Firm are prepared to aggressively fight any criminal case and protect individuals from negative consequences.

Southern California County Employs GPS Technology to Track Drunk Drivers

A Southern California county has introduced a program that uses technology to notify authorities instantly when convicted drunk drivers take even a step out of line.

Riverside County recently unveiled a program that will require convicted DUI / DWI drivers to wear tracking devices equipped with Global Positioning System technology. Only individuals with multiple felony drunk driving convictions will be required to wear the lightweight devices, which can be worn on the wrist or ankle.

The devices are programmed to alert a probation officer when an offender enters a restricted area, such as a bar, or leaves a mandatory confinement, such as house arrest or an alcohol rehabilitation center. The devices can be programmed to send the information instantly or one day later, depending on how much county officials want to pay.

The county already requires repeat offenders to wear a device known as the Secure Continuous Remote Alcohol Monitor, or SCRAM, which detects alcohol consumption through secretions in the skin.

The GPS technology costs $10 per offender each day for devices that report information instantly, and $5 per day to receive the information the next day. The SCRAM monitors cost the county an additional $15 per day. Once a grant covering the program’s costs expires in 2007, officials will consider making offenders pay the cost of monitoring.

Although the technology is currently being used in only one California county, it may become more widespread as officials in other jurisdictions monitor the program’s progress. Neighboring San Bernardino County will soon launch a similar program.

As laws governing drunk driving become more and more strict, and the penalties more severe, it’s clear that accused motorists need expert legal help when confronting DUI / DWI charges. The skilled attorneys of the Kavinoky Law Firm can effectively defend driving under the influence charges throughout California.

Riverside County’s program is a perfect example of why it’s imperative to aggressively fight drunk driving charges, whether it’s a first offense or a repeat DUI / DWI, said Darren Kavinoky, KLF’s founder and a national expert on drinking and driving defense.

"Technology such as the GPS monitor can now track every move a repeat DUI offender makes," he said. "Successfully fighting a drunk driving charge means that driver will continue to enjoy the freedom that we all take for granted."

The stakes are high in a DUI / DWI case, so it’s crucial to have an experienced drunk driving lawyer providing an exceptional defense. The top attorneys of the Kavinoky Law Firm have the experience and knowledge to expertly confront a drinking and driving prosecution and keep negative consequences to a minimum.

Auto Insurance

For those who have been charged with any type of drinking and driving offense, such as DUI, or driving under the influence of drugs (DUID), getting auto insurance is a considerable problem. If someone has either a drunk driving conviction or has had action sustained against their driving privileges by the DMV, many car insurance carriers will deny them coverage.

Just as someone needs help with their legal situation, it is imperative to get expert advice regarding their auto insurance situation for a person charged with any type of drinking and driving offense. Though everyone insured by a large car insurance company recognizes the value of the financial strength and support they receive, once many national auto insurance carriers learn of an impending drunk driving situation, they will immediately reject their applications.

There are other car insurance needs that apply subsequent a DUI conviction or a license suspension action by the Department of Motor Vehicles in addition to the difficulty in finding auto insurance coverage following a drunk driving arrest. One of these needs is the filing of an SR-22 Proof of Insurance Certificate. This certificate is not the standard insurance card issued by auto insurance providers. The SR-22 Proof of Insurance Certificate is required only for people who have a drunk driving conviction or been subjected to a DMV Administrative Action.

Requesting an SR-22 from your insurance provider will immediately alert the company that there is a pending DUI conviction, or action, to factor into any insurance quote since there is no reason other than a drunk driving offense for a driver to need the certificate. It is vital to confer with an insurance professional to obtain the most accurate advice on handling auto insurance needs following a drunk driving arrest, conviction or DMV administrative action.

Boating Under the Influence (BUI)

Boating under the influence (BUI) in California is a serious offense, one that can be as serious as Driving Under the Influence (DUI). Boating under the influence (BUI) is precisely what it sounds like. It is operating a watercraft when you are under the influence of alcohol and/or drugs. In a boating under the influence (BUI) case, watercrafts are considered anything that carries or transports people on water, including water skis. But things that are propelled by water alone, such as kayaks, are immune from boating under the influence (BUI) laws in California.

But if you’re thinking of your California boating under the influence (BUI) arrest as beatable, you may have a point. Such arrests are fraught with tricky legal angles. For starters, officers may board your boat for safety check reasons that have nothing to do with alcohol. It’s what happens while they’re on your boat that things may get interesting.

Keep in mind that it is legal to operate a watercraft in California if your blood-alcohol content is below .08%, but if an officer smells alcohol on your breath while he is there, he may use that as an invitation to initiate a field sobriety test for boating under the influence (BUI).

Now consider the state you may be in after hours of boating. Your eyes may be bloodshot from forgetting or not using your sunglasses. Your face may be red from sunburn. Your ability to stand and walk without wobbling may be challenged from water skiing and sitting in a rocking boat all day. In California or any other state, a law enforcement officer can mistake these signs you are displaying as boating under the influence (BUI).

When the officer takes you off the boat for a field sobriety test, he may not consider that you are having trouble walking because you haven’t been walking on steady ground all day. Even worse is the possibility that you’ll end up having your field sobriety test taken on an unsteady pier. After all that, he may mistakenly charge you with boating under the influence (BUI).

As you can see, there are so many confusing variables involved that even a seasoned law enforcement officer may mistake light drinking for boating under the influence (BUI). Your case may have some of these conditions, or any of the many others that lead to unwarranted boating under the influence (BUI) arrests. It is best to talk to a qualified BUI attorney to find out how the particulars of California boating under the influence (BUI) law can be used in your defense.

California Police May Enter the Homes of DUI Suspects Without a Warrant

Police seeking suspected DUI / DWI drivers can enter private homes without warrants, the California Supreme Court has ruled in a 6-1 decision that erodes Fourth Amendment rights against unreasonable search and seizure.

The lone dissenter, Justice Kathryn Mickle Werdegar, said the ruling essentially gives police a “free pass” to sidestep constitutional protections and enter private homes without warrants.

The Fourth Amendment bars authorities from entering homes without warrants unless “exigent circumstances” exist, such as the pursuit of a fleeing felon, imminent danger to police or others, or the possibility that evidence will be destroyed if police wait for a warrant.

The court ruled in People v. Thompson that warrantless entries are justified in drunk driving cases because motorists can hide inside their homes until they no longer exceed the legal limit for driving. The court also cited the possibility that motorists can falsely claim that they continued to drink inside the home, which can skew the results of chemical tests to determine blood alcohol content and provide a defense to a DUI / DWI charge.

Justice Marvin Baxter wrote that the decision does not give police unlimited power to enter homes in pursuit of criminal suspects without warrants – they may only do so if exigent circumstances exist.

However, police will interpret the ruling as broadly as possible and use it to justify searches that were once prohibited. There is always a possibility that a criminal suspect may destroy evidence, Mickle Werdegar wrote in dissent.

The panel’s ruling is among several recent high court decisions that threaten the constitutional rights of criminal defendants in California and across the country. The California Supreme Court recently ruled that police can use uncorroborated anonymous tips to arrest drunk driving suspects. And the U.S. Supreme Court determined that police are no longer required to knock and announce themselves when serving a search warrant at a private home.

These high court rulings show why it’s more important than ever to have a skilled lawyer representing the rights of every criminal defendant, said Darren T. Kavinoky, who is widely regarded as one of the top defense attorneys in California.

“These decisions safeguard the rights of police officers, not the public,” Kavinoky said. “Defendants need top-notch legal representation to ensure they get a fair shake in the justice system.”

The attorneys of the Kavinoky Law Firm have the skills and experience needed to ensure that individuals facing charges of driving under the influence or other criminal offenses receive the quality defense they deserve. During a free consultation, one of the firm’s top attorneys will carefully review the facts of a case to determine the best defense strategy.

Although the courts continue to weaken the rights of criminal defendants, many options still exist to challenge arrests and evidence. Mounting an aggressive defense can make the difference between a conviction and an acquittal.