It’s a crime in California to leave the scene after being involved in or causing an accident. Any driver who does so can be charged with misdemeanor or felony hit-and-run. The severity of the charges depends on whether the accident involved property damage, bodily injury, or death. Regardless of the charges, it’s imperative to have an expert defense attorney protecting the driver’s rights. The skilled defense lawyers of The Kavinoky Law Firm are experienced in every aspect of defending California hit-and-run cases, and will work hard to minimize or even eliminate the consequences for a driver charged with leaving the scene of an accident.

Leaving the scene of an accident that involves only property damage is a less serious offense in California than hit-and-run involving bodily injury or death, but the driver still faces serious repercussions. A driver convicted of hit-and-run with property damage – even if the driver didn’t cause the accident – faces punishment up to a $1,000 fine and six months in jail. In some cases, the driver also must forfeit the vehicle.

If the driver is alleged to have been under the influence of alcohol or drugs at the time of the hit-and-run crash, there may be a DUI / DWI charge in addition to any allegations of leaving the scene of an accident. A motorist convicted of drunk driving and hit-and-run faces extreme consequences that can include prison time. These are extremely serious charges that require an expert defense attorney.

Fortunately, a driver who is accused of leaving the scene of an accident in California has many options available that may help to soften or even eliminate the consequences of a hit-and-run charge. The first option is to aggressively fight the charges. There are many viable defenses to a California hit-and-run charge. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt. The defense could offer no evidence at all of the driver’s innocence, and if the prosecutor hasn’t proven the case beyond a reasonable doubt, the driver cannot be convicted.

In some cases, it may be possible to reach what is known as a civil compromise, in which the accused driver agrees to pay for all property damage and medical expenses, if any. If the other party agrees to a civil compromise and the accused driver reimburses all expenses, no criminal charges will be filed in connection with the alleged hit-and-run accident.

Certain cases require creative resolutions on the part of both the defense and the prosecution. The driver may be eligible for alternative sentencing such as community service or other options that can reduce or even eliminate a potential jail sentence. Other options may include CalTrans work or electronic monitoring. Although some sentencing alternatives may seem less than desirable, anything that helps the accused hit-and-run driver avoid time in jail is well worth considering.

Another option in a California hit-and-run case is a plea bargain. With the help of an experienced defense lawyer, the driver may be able to plead guilty to a lesser charge with reduced repercussions. However, a plea bargain should be just what the name implies – a good deal for both the driver and the prosecutor. The prosecution is more likely to offer a favorable plea bargain when it’s case isn’t particularly strong.

Regardless of the circumstances surrounding a California hit-and-run arrest, the experienced defense lawyers of The Kavinoky Law Firm will be able to reduce or even eliminate the consequences. Contact a skilled defense attorney today for a free consultation.

Relief from Sex Offender Registration

California Penal Code 290 requires individuals convicted of certain sex crimes to register as sex offenders. Registration is typically for life, and can subject a person to severe humiliation, isolation, physical harm and difficulties in securing and/or maintaining employment and/or housing. Fortunately, relief is available for those who qualify, and the exceptional criminal defense lawyers at The Kavinoky Law Firm know the procedures, requirements and arguments that most effectively achieve success.

The possibility of escaping sex offender registration is if the registered individual was convicted of either engaging in sodomy with another consenting adult or of oral copulation under the same circumstances prior to January 1, 1976. By 1976, these activities were decriminalized between consenting adults, and an individual who was convicted of such a sex offense is discharged from the duty to register if he or she has no other offenses for which registration is required.

A less specific and more common approach lies in the Certificate of Rehabilitation and Pardon. A person who obtains such a certificate may be relieved of the duty to register under Penal Code 290, if the offense for which he or she was convicted meets certain statutory requirements, and if she or she is not otherwise in custody, on parole or on probation.

A Certificate of Rehabilitation and Pardon will relieve an individual from the registration requirement if the certificate was granted prior to January 1, 1998 and was for a violation of lewd or lascivious acts or for the continuous sexual abuse of a child, provided that the person was granted probation because he or she was a member of the victim’s household, that probation was in the best interest of the child victim, that probation was feasible, that the defendant was removed from the victim’s home until the court determined that the best interests of the victim were served by allowing the defendant back into the home, that the defendant was successfully treated and that he or she complied with the registration requirements for a period of at least 10 years immediately preceding the filing of the petition and had not been convicted of a felony during that period.

A person who has been convicted of specific sex offenses will not be relieved of the duty to register by a Certificate of Rehabilitation but may be able to secure a full pardon. These offenses include most instances of rape, including rape or penetration when acting in concert, enticing an unmarried female minor into prostitution (when charged as a felony), obtaining consent to a sexual act through fraud with an intent to create fear in the victim (when charged as a felony), procuring a minor under the age of 16 for lewd or lascivious acts, abducting a minor for prostitution, the aggravated sexual assault of a minor, most instances of sodomy, lewd or lascivious acts, most instances of oral copulation, continuously sexually abusing a child, and most felony acts involving forcible acts of penetration. It follows that crimes not specifically referenced are eligible for registration relief by way of a Certificate of Rehabilitation and Pardon.

When a full pardon (or Governor’s Pardon) is an individual’s only option for seeking relief of Penal Code 290 registration, he or she must demonstrate a high standard of constructive behavior following his or her conviction. Pardons are limited to those who can demonstrate that they have lead meaningful, productive and law-abiding lives following their convictions.

When seeking a Certificate of Rehabilitation or a full pardon in an effort to relieve oneself of the registration requirements that are imposed by California Penal Code 290, it is vital to contact an experienced criminal defense attorney who can make sure that the appropriate forms and procedures are followed, and that the most convincing arguments are articulately conveyed. The skilled attorneys at The Kavinoky Law Firm excel in the complexities related to California sex crime law and defense and are well qualified to help an individual desiring such relief. Contact The Kavinoky Law Firm today for a free consultation and to begin the expungement and healing process.

 

Sex offender management: how registered sex offenders are tracked

In California, when an individual is convicted of certain sex crimes, he or she is required to register as a sex offender (under Penal code 290) with a local law enforcement agency. Prior to being released from jail or prison or prior to being placed on probation, the individual will be notified in writing of his or her duty to register, as will the Department of Justice (DOJ).

This information is maintained in the sex offender tracking program at the DOJ (available to the public under certain circumstances on the Internet) where each individual’s upcoming required update (and any violation of that update) is tracked. The DOJ updates its database daily, based on the information that it receives from reporting law enforcement agencies and it retains all records for 75 years following the disposition of an individual’s case.

Once registered, an individual’s personal information, including a photo, address, identifying information, aliases and relevant criminal history may be found online at meganslaw, which is the California website run by the DOJ. However, about 25% of registered offenders will not appear on the Internet, as they are excluded from public disclosure. Whether or not one’s information is publicly available depends on the specific sex crime that he or she was convicted of, as persons convicted of the “less serious” offenses are either automatically excluded or may apply for exclusion (available when the offender is the victim’s parent, stepparent, sibling or grandparent, when the offense didn’t involve specified acts and if the accused is currently on or has successfully completed probation).

Information that appears online is divided into three groups. The first group contains the most serious offenses and lists the offender’s complete address. The second group contains the slightly less serious offenses and will include the offender’s complete address (if the offender has a prior registerable offense) or only the offender’s zip code if the offense is his or her first. The final group contains offenses that only reveal the offender’s zip code. A qualified California sex crime criminal defense lawyer can tell an individual under which group his or her offense falls.

The skilled criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense and are an individual’s best chance of avoiding public disclosure on the Internet. They know that the dissemination of an offender’s personal information doesn’t only affect his or her reputation, but affects housing and job opportunities and may even lead to severe harassment and physical harm. They understand the variety of ways that Internet exposure can be circumvented and will do their best to plead their clients to offenses that do not require public online disclosure, to plead their clients to offenses for which they may apply for exclusion, to plead their clients to misdemeanors (on wobbler offenses) where the misdemeanor does not require public disclosure or to plead their clients to a greater offense that may carry a more severe jail or prison sentence but that is not sexually related, thus avoiding lifetime registration and the humiliation and isolation that frequently results from this devastating penalty.

It must be noted that the laws regarding sex offender registration and related Internet regulations are constantly changing and becoming stricter. California is in the process of implementing a program known as SARATSO (State-Authorized Risk Assessment Tool for Sex Offenders). Once implemented, every person required to register as a sex offender will be subject to its provisions. SARATSO will undoubtedly have extensive effects on probation vs. prison, the length of sentences and the conditions that relate to prison, parole and Internet exposure. This is perhaps one of the most important reasons why an individual accused with a California sex crime must contact the unsurpassed attorneys at The Kavinoky Law Firm who receive ongoing education and training with respect to this ever-changing complex and unique area of the law, which is directly responsible for their outstanding results. Contact them today for a free consultation, for the most trusted legal advice and for the very best representation.

 

Punishments and Defenses for Crimes Relating to Obscene Materials

Possessing, distributing, publishing, etc. obscene matter is a misdemeanor (for a first conviction) and a felony (with a maximum $50,000 fine) if a prior conviction exists for a related offense. In addition, $5 and/or one day in jail are imposed for every unit of obscene material involved in the offense, up to an additional $10,000 or 360 days in jail. Participating in these activities knowing the material depicts a minor engaged in or simulating sexual conduct requires sex offender registration under Penal Code 290 and is a wobbler, punishable by up to one year in jail and a maximum $1,000 fine, or by imprisonment in state prison and a maximum $10,000 fine. Engaging in this known behavior for commercial consideration is a felony, punishable by two, three or six years in prison and a maximum $100,000 fine. Participating in these activities with an adult who is also going to engage in these activities is a wobbler, punishable by up to one year in jail and a maximum $2,000 fine, or a prison sentence. If the material is sold, distributed, etc. to a minor, it is a felony. These last three offenses also require sex offender registration.

Hiring a minor to distribute, publish, etc. these materials requires sex offender registration, and, for a first offense, is a misdemeanor, punishable by up to one year in jail and a maximum $2,000 fine, or a felony with a maximum $50,000 fine if the incurred suffered a prior conviction for this or for sexually exploiting a child. Persuading or coercing a minor into posing for or performing an obscene act is a felony and, if done for commercial purposes, is punishable by three, six or eight years in prison. The penalties rise if the participating minor was under 14 years of age.

Advertising or promoting obscene materials is a misdemeanor and includes the additional $5 charge and one-day sentence penalty described above. Managing, producing, sponsoring or exhibiting obscene live conduct is also a misdemeanor, as is requiring receipt of obscene materials as a condition of sale or delivery. A second offense raises the fine from $1,000 to $2,000, and having a third prior conviction for any related offense raises the charge to a felony.

Distributing or exhibiting illicit materials to minors or failing to prevent minors from accessing such materials is a misdemeanor for a first offense, and felony for a subsequent offense.

Sex crimes relating to obscene materials are defensible if the act charged was committed to aid legitimate scientific, medical or educational purposes, or if the matter portrayed lawful conduct between spouses (even if one or both are under the age of 18) or by a legally emancipated minor. Crimes alleging telephone distribution of obscene matter to minors are defensible if reasonable steps were taken to prevent unauthorized access to anyone under 18 – either requiring the recipient to use a pre-authorized access code or requiring credit card payment before the matter is transmitted. Parents are permitted to show obscene matter to their children and are also allowed to attend obscene exhibitions with their children. Those who exhibit obscene matter to minors accompanied by their parents are also exempt from prosecution. Finally, material that is admittedly obscene by applying the "average person test" may be lawfully distributed if used (in good faith) exclusively within a professional group pursuing legitimate professional purposes, is germane to such purposes, is not likely to be viewed by others, and will not likely appeal to prurient interests of the average person within the group.

The experienced California sex crime criminal attorneys at The Kavinoky Law Firm will thoroughly investigate the facts to uncover these types of defenses. They specialize in obscene material laws, enabling them to ensure that all applicable defense strategies are explored and articulated in the most favorable and effective ways. With law offices in Los Angeles and throughout California, they are conveniently located for anyone in need of an outstanding California sex crime defense lawyer. Contact them today for a free consultation and for unparalleled legal representation.

 

Certificate of Rehabilitation and a Governor’s Pardon

An individual seeking to expunge a California sex crime conviction from his or her criminal record has three options: An expungement, a Certificate of Rehabilitation And Pardon and/or a Governor’s Pardon. If the conviction was for a misdemeanor or a felony where probation was granted, where a state prison sentence was not imposed and where the sex offense didn’t require registration as a sex offender, the individual would seek expungement. If a felony resulted and state prison was imposed, or if the conviction were a misdemeanor or a felony that required sex offender registration, the individual would apply for a Certificate of Rehabilitation or would directly apply for a Governor’s Pardon, depending on the specific sex offense committed. In order to ensure that the proper forms are filed, that the proper procedure is followed, and that the most compelling arguments are articulately conveyed, only a qualified criminal defense lawyer should be the choice to complete this process.

A Certificate of Rehabilitation is applicable to sex offenses (whether sentenced as misdemeanors or felonies), if specified in Penal Code 290 and a state prison sentence wasn’t imposed. Even under those circumstances, there are five offenses that are ineligible for certificate relief, and these include sodomy with a person under 14 years of age who is 10 years younger than the accused or that was accomplished by force or threats, oral copulation under those same circumstances, lewd or lascivious acts, continuously sexually abusing a child, and forcible acts of penetration. If convicted of one of these crimes or of two or more felonies, an individual must directly apply for a Governor’s Pardon.

Eligibility for a certificate (in addition to the requirements set forth above), includes being a California resident for at least five years before requesting the relief, and, for an additional five years (or seven years if convicted of distributing obscene matter for commercial purposes (knowing that the matter depicts a minor involved in sexual activity), of distributing such material directly to a minor, of advertising obscene materials (knowing that the matter depicts a minor, of sexually exploiting a child, and for certain lewd or lascivious acts involving indecent exposure), leading an honest life, free from any further convictions. If convicted of a crime requiring Penal Code 290 registration, the individual seeking relief must first have his or her conviction dismissed in line with expungement procedures before applying for a certificate.

A Certificate of Rehabilitation declares that an individual has been rehabilitated. If granted, the certificate relieves an individual of the requirement to register as a sex offender if the crime for which he or she was convicted is not specifically excluded from this relief. Once approved, the certificate is forwarded to the Governor and acts as an application for a pardon, which may be granted without further investigation.

A Governor’s Pardon relieves an individual of the lifetime obligation to register as a sex offender, but doesn’t automatically restore a license, permit or certificate that was revoked at the time of the conviction. It should be noted that an individual convicted of one of the above listed – sex offenses that are ineligible for certificate relief will only be granted a pardon under extraordinary circumstances, which is why it is so important to have an experienced attorney complete the application process to increase one’s chances of success. A pardon is reserved for those individuals who prove that they have lead meaningful, productive lives for at least ten years (less, under extreme circumstances) since their convictions. An individual who has incurred two felony convictions may directly apply for this relief, but must have the recommendation of a majority of the Supreme Court Justices to do so. Although a Certificate of Rehabilitation will be considered when the Governor contemplates granting a pardon, it will not be the only factor measured.

For more information about how to apply for a certificate or a pardon, contact the exceptional criminal defense attorneys at The Kavinoky Law Firm today for a free consultation and unequaled legal representation.

 

New California Laws for 2010

The U.S. Supreme Court has ruled that criminal suspects’ statements can be used against them if they fail to invoke their rights.
The court ruled 5-4 that criminal suspects have a duty to invoke the rights outlined in the historic Miranda vs. Arizona decision, including the right to remain silent and to have an attorney present during questioning. In the past, the court held that the government had the burden of demonstrating that a suspect had knowingly and intelligently waived his rights.

Tuesday’s ruling addressed a Michigan case where a man was convicted of murder based largely on his one-word response to a question after nearly three hours of interrogation.  His conviction was overturned by an appeals court that ruled that using his answer to convict him violated his right against self-incrimination. The Supreme Court’s ruling overturned that decision.
Our constitutional rights have eroded considerably in recent years, so it’s more important than ever to have a skilled defense lawyer on your side if you’re under investigation for a criminal charge.  The top California defense attorneys of The Kavinoky Law Firm are well-known for standing up for the rights of their clients, and will do everything possible to protect you during a criminal investigation. Contact a skilled California defense lawyer today at 1-800-NO-CUFFS for a free consultation.

A new year brings new laws in California, and 2010 is no exception.  There are a number of new laws on the books that impact convicted DUI drivers and certain individuals charged with theft or other property crimes. Another new law increases the amount of time credit earned by certain inmates in California county jails and prisons.  Yet another new law prevents authorities from sending low-level, non-violent offenders back to prison for parole violations. As in every year, the list of new California laws is lengthy, so we’ve summarized the most noteworthy ones here. If you have any questions about any of these new laws and how they will affect your case, you can always contact The Kavinoky Law Firm at 1-800-NO-CUFFS.

Two new laws will impact many individuals convicted of DUI. AB 91 creates a pilot program that requires every driver convicted of DUI in Los Angeles, Alameda, Sacramento and Tulare counties – even first offenders – to install and use an ignition interlock device.  The law will remain in effect until 2016, when the pilot program may be extended and expanded to include other counties.

SB 598 is a bill that will allow DUI offenders to obtain restricted driver’s licenses sooner than they would otherwise if they install and use an ignition interlock device.  Convicted DUI drivers will still have a certain period of “hard” suspension when they are not allowed to drive at all, but that hard suspension will be shortened by installing an ignition interlock device.

A new law that takes effect January 25, 2010 increases the dollar amount that determines whether more than 30 theft and property crime offenses can be charged as felonies rather than misdemeanors.  For example, the threshold for a felony charge of writing a check with non-sufficient funds increased from $200 to $400. The limits for some offenses, such as theft of currency or jewelry, remain unchanged.

Certain individuals serving time in California county jails will earn more time credits than before under another new law that takes effect on January 25, 2010. In the past, inmates in county jails earned two days of credit for every four days spent in custody. Under the new law, they will earn two days of credit for every two days served.  Some defendants are excluded from earning the additional credit for time served. They include individuals convicted of violent felonies who are limited to a 15-percent reduction credit under California Penal Code section 2933.1; those required to register as sex offenders; and individuals convicted of serious felonies or with prior convictions for serious felonies. Up to six weeks of additional credit can also be earned by many state prison inmates who complete certain prison programs.

Another new law that takes effect January 25, 2010 prevents certain individuals from being returned to prison for parole violations. The individual cannot be returned to prison for a parole violation if all of the following are true: he or she is not required to register as a sex offender, wasn’t convicted of a serious felony, doesn’t have a prior conviction for a serious felony, wasn’t convicted of a sexually violent offense, wasn’t found guilty of a serious disciplinary offense, isn’t a validated gang member or associate, didn’t refuse to sign a notification of parole conditions, and wasn’t determined in an evaluation to have a high risk of reoffending.

Understanding California’s complex criminal statutes and the many new laws that are passed each year is difficult. Fortunately, the knowledgeable California defense attorneys of The Kavinoky Law Firm ensure that they’re up on the latest developments in the law, so that you don’t have to.  If you have any questions about any aspect of your California criminal case, please don’t hesitate to call us today at 1-800-NO-CUFFS.

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

 

Los Angeles Criminal Defense of DUI / DWI Arrests

A Los Angeles DUI / DWI arrest requires fast action – you or your loved one must arrange to be released on bail or on your own recognizance (OR) and request a hearing with the California DMV within 10 days of arrest or risk the automatic suspension of your driver’s license. Fortunately, you don’t have to face your Los Angeles DUI / DWI charge alone – the experienced drunk driving lawyers of The Kavinoky Law Firm are here to help. Our team of top criminal defense lawyers in Los Angeles can help arrange bail, request a DMV hearing, and begin planning your strategic defense.

The evidence against you in your Los Angeles DUI / DWI case can seem overwhelming – the prosecutor may be armed with a chemical test that shows a blood alcohol content (BAC) of .08 percent or greater. In addition, you may have been told that you “failed” your field sobriety test, and that the officer observed you exhibiting signs of drunk driving. . However, all of the evidence in an L.A. DUI / DWI case is open to challenge. The Kavinoky Law Firm’s DUI / DWI and Criminal Defense Attorneys in Los Angeles, CA will examine every shred of evidence in your drunk driving case to find viable challenges designed to create reasonable doubt in your guilt.

If you refused to submit to a chemical test to establish your BAC after an L.A. DUI / DWI arrest, you will face special challenges both in court, and at the California Department of Motor Vehicles. Some drivers refuse to submit to a breath or blood test after a Los Angeles DUI / DWI arrest because they believe it will help their case if there is no BAC evidence against them.

However, if you refused a chemical test, you can receive additional punishment from both the criminal courts and the Department of Motor Vehicles. The California DMV can suspend your license for a longer period of time if a refusal occurred, and the prosecutor can use your chemical test refusal as evidence of “consciousness of guilt.” In fact, police in Los Angeles can take your blood by force and then charge you with a chemical test refusal because you didn’t submit willingly to the test. However, there are some circumstances where a chemical test refusal can be excused in a Los Angeles DUI / DWI case, and it’s up to your lawyer to fight this allegation.

A Los Angeles drunk driving arrest creates unique challenges, so it’s critical to have a local DUI / DWI lawyer fighting for your rights. With offices in Woodland Hills and Santa Monica and throughout California, the skilled DUI / DWI lawyers of The Kavinoky Law Firm are ready to aggressively fight your drunk driving charge anywhere in Los Angeles County or across the state. Contact us today for a free consultation.

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

New Laws in 2008

Every year, California adds scores of new laws to the books, and 2008 is no exception. Below is a brief summary of new laws that take effect this year. Unless otherwise noted, each statute took effect on Jan. 1, 2008. If you find yourself on the wrong side of the law this year, please don’t hesitate to contact the skilled defense lawyers of The Kavinoky Law Firm.

One of the most talked-about new laws in California this year is the ban on using hand-held cell phones while driving. This new law, which takes effect July 1, 2008, dictates that drivers can only use hands-free cell phone devices while operating a motor vehicle. Drivers who fail to comply face a $20 fine, which will later increase to $50.

Drivers under the age of 18 will be banned from using any cell phone, even hands-free devices, on July 1, 2008. Minors who violate this law will be subject to a $20 fine, which will later increase to $50.

Under California law, drivers who smoke with a minor in the car now face a $100 fine. This law applies to everyone. However, police cannot stop a vehicle merely to check for smoking; they must have another reason to initiate a traffic stop.

California has passed several new laws pertaining to drunk driving and DUI / DWI. Individuals who are on probation for DUI / DWI are now barred from driving with a blood alcohol content (BAC) of .01 percent or greater. Police can determine the driver’s BAC with a PAS test, or Preliminary Alcohol Screening test, to which the driver is required to submit under California’s Implied Consent law.

Another new California drunk-driving law pertains to driver’s license applications. Beginning July 1, 2008, everyone who applies for a new driver’s license or renews an old one must acknowledge in writing that DUI / DWI offenses that causes death can result in murder charges.

California authorities are also continuing to crack down on drag-racing and speed contests. Any vehicle used in a speed contest, exhibition of speed, or reckless driving on a highway can now be impounded for 30 days.

Another new law on California’s books makes it less likely that you’ll see jailhouse photos of Paris Hilton, Lindsay Lohan, or any other jailed celebrity. Under California law, it is now a misdemeanor for peace officers, government attorneys, or court employees to sell confidential information, photos, or videos from inside secure facilities such as jails. Anyone convicted of selling or soliciting such material faces a $1,000 fine plus forfeiture.

California law now prohibits the unauthorized possession of a cell phone, pager or wireless internet device in jail. Failure to comply is a misdemeanor punishable by a $1,000 fine. Possession of tobacco by inmates is now a $250 infraction.

A series of amendments went into effect Jan. 1, 2008 that change existing law. For example, California recently amended the law to add parking enforcement officers to the list of assault victims whose assailants can receive enhanced penalties.

Another amended law requires courts hearing domestic violence cases to consider issuing a 10-year restraining order against defendants sentenced to prison, jail or probation for DV offenses. Another amended section of the California Penal Code increases the notification time of victims and family members in domestic violence and child-abuse cases from 45 to 60 days.

Another new law requires pet owners to inform the victim of a dog bite within 48 hours of the owner’s name, address, telephone number, the dog’s name, license number and vaccination status. Anyone who fails to comply is guilty of an infraction and must pay a $100 fine.

California criminal law is extremely complex, and as you can see, more laws are added every year. If you’re facing California criminal charges, you need an expert defense lawyer at your side who will fight aggressively for your rights. The experienced attorneys of The Kavinoky Law Firm are ready to defend you on any California criminal charge. To learn more about effective defenses to California criminal charges, including DUI / DWI, domestic violence, drug charges, white-collar crime, or any other offense, contact us today for a free consultation.