Tag: Darren Kavinoky

Recreational Marijuana Use Legal in California

Posted by Nicole Hanratty on November 9, 2016

Recreational marijuana use is legal in California now and 1.800.NoCuffs brings you the legal ins and outs of Prop 64, the legalization of marijuana.

Prop 64 officially titled the “Control, Regulate and Tax Adult Use of Marijuana Act,” passed in the state of California on November 8, 2016. It ushers in, effective immediately, the passage of Proposition 64 which legalizes the recreational use of marijuana. There are key takeaways from the proposition and 1.800.NoCuffs wants you to know your newly acquired legal rights.

1.800.NoCuffs founding attorney Darren Kavinoky weighs in on the passed legislation, “Here is yet one more example of where there is a gap between the law and how the law gets implemented in society. And so now that the voters in the state of California have spoken, now the devil’s in the details. How this is going to play out and shake out through the court system is probably going to take a significant amount of time, it’s going to require the work of a lot of lawyers and judges and thankfully at the end of the day, will generate significant tax revenue to fulfill on the intentions of the bill.”

1. As with alcohol, you must be 21 to use marijuana recreationally. [1] According to attorney Darren Kavinoky, “There is an exception here because there is a concern that people that were the ages of 18 and 21 would, therefore, be deprived the opportunity to use marijuana if this passes, even those who were using it lawfully under the Prop 215 medical marijuana laws. And one thing that appears to be clear is that those who are between the ages of 18 and 21 and who do have a doctor’s recommendation will still be able to use and lawfully possess that recommended marijuana.”

2. You can now grow marijuana at home. The law states that you can grow up to six marijuana plants in your residence without violating the law. But to be in compliance, “The living plants and any marijuana produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a lockedspace, and are not visible by normal unaided vision from a public place.” [2]

3. You have the right to share your “crop” with another legal adult but it is illegal to sell it. “Persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis.” [3] Explains Kavinoky, “The implementation that’s been discussed is that marijuana will be commercially available for recreational use in 2018, even though the law is in effect now, because of the various hoops that need to be jumped through. So that definitely creates this strange bit where it takes people who are interested in smoking marijuana recreationally that don’t have a medical marijuana card and turns them into cultivators. Because the only way that they could lawfully smoke marijuana now is by growing their own. So that is an interesting perhaps unintended consequence of where we are with this.”

4. You may have the right to have your sentenced altered if you have been previously convicted of a marijuana offense that is now a reduced crime. The passage of Proposition 64, “authorize[s] courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act.” [5]

4. It may be illegal to be searched based on the scent of marijuana alone now with the passage of this new California law. “One of the biggest impacts potentially that is going to play out here is the impact on the area of search and seizure law under the Fourth and Fourteenth Amendments to the U.S. Constitution,” explains Kavinoky. “The way that it has played out before since marijuana was considered contraband and illegal substance, was that the mere scent of marijuana would provide a police officer or law enforcement officer with the opportunity to either get a search warrant or depending on the circumstances and the exigency or some other exception to the warrant requirement conduct an immediate search. Now the circumstances where those searches can happen are either going to be eliminated entirely or since I can still envision some circumstances where the scent of marijuana could still trigger a lawful search, if it’s not going to be eliminated then they’ll be significantly curtailed.”

What remains illegal about marijuana possession or usage?

1. Public smoking of marijuana in public is a violation of the law. This includes smoking it “while riding in the passenger seat or compartment of a motor vehicle.” [2]

2. It is illegal to consume, advertise, or sell pot near schools or any type of youth facility. Prop 64 “prohibit[s] the marketing and advertising of nonmedical marijuana to persons younger than 21 years old or near schools or other places where children are present.” In addition, it “prohibit[s] the consumption of marijuana in a public place unlicensed for such use, including near K–12 schools and other areas where children are present.” [2] It must also be sold in “child-resistant containers and be so labeled so that consumers are fully informed about potency and the effects of ingesting nonmedical marijuana.

3. It is against the law to drive or operate a vehicle while impaired by marijuana. “SEC. 4.6. Section 11362.3 is added to the Health and Safety Code, to read: 11362.3. (a) Nothing in Section 11362.1 shall be construed to permit any person to: …(7) Smoke or ingest marijuana or marijuana products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation. (8) Smoke or ingest marijuana or marijuana products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under the age of 21 years are present. ” [2]

4. Food products that contain pot, aka “edibles” must be labeled in detail. “Require nonmedical marijuana sold by licensed businesses to be packaged in child-resistant containers and be labeled so that consumers are fully informed about potency and the effects of ingesting nonmedical marijuana. ” [2]

5. Cities and communities have the power to ban the commercial sale of marijuana with a passed ordinance. “The Adult Use of Marijuana Act sets up a comprehensive system governing marijuana businesses at the state level and safeguards local control, allowing local governments to regulate marijuana-related activities, to subject marijuana businesses to zoning and permitting requirements, and to ban marijuana businesses by a vote of the people within a locality. ” [2]

7. Medical dispensaries are not legally allowed to sell to customers purchasing the plant for recreational purposes. Businesses that sell alcohol or tobacco or also not prohibited to sell nonmedical marijuana.

Sources
1. “The Adult Use of Marijuana Act prohibits the sale of nonmedical marijuana to those under 21 years old, and provides new resources to educate youth against drug abuse and train local law enforcement
to enforce the new law.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

2. Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

3. “SEC. 4.4. Section 11362.1 is added to the Health and Safety Code, to read: 11362.1. (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis; (2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products; (3) Possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants; (4) Smoke or ingest marijuana or marijuana products; and (5) Possess, transport, purchase, obtain, use, manufacture, or give away marijuana accessories to persons 21 years of age or older without any compensation whatsoever. (b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subsection (f) of Section 863 of Title 21 of the United States Code (21 U.S.C. Sec. 863(f)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute marijuana accessories. (c) Marijuana and marijuana products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

4. Rob Nikolewski. November 9, 2016. San Diego Tribune. “7 Things To Know Now That Prop 64 is Law.” Retrieved via http://www.sandiegouniontribune.com/business/sd-me-election-pot-20161107-story.html

5. “SEC. 3. Purpose and Intent. The purpose of the Adult Use of Marijuana Act is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana. It is the intent of the people in enacting this act to accomplish the following: … (z) Authorize courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act, so long as the person does not pose a risk to public safety, and to redesignate or dismiss such offenses from the criminal records of persons who have completed their sentences as set forth in this act.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

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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.

Jolie Pitt Divorce: Darren Kavinoky weighs in

Posted by Staff on September 23, 2016

What does the now widely reported Jolie Pitt Divorce mean for the children?
According to Us Weekly, Brad Pitt and Angelina Jolie “spoke with the L.A. County Department of Children and Family Services [DCFS ] immediately following a talked-about incident aboard their private jet.” (1)

First, Angelina Jolie filed for divorce from husband Brad Pitt according to reports. Then rumors began swirling around allegations of mistreatment by Pitt of the kids. This has been reported as the possible cause for Jolie to file for divorce.

Shortly following this filing, TMZ reported Pitt is angry at Jolie because she has “unleashed hell.” The report says Pitt thinks that Jolie is putting the family and children at risk because paparazzi are circling their home. (2)

TMZ has also reported that they have learned, “child abuse allegations against Brad Pitt have been referred over to the FBI.” (3)

Pitt has gone on record saying he is “very saddened by this.” (2) According to reports, Angelina Jolie is seeking sole physical custody of their six children, offering only visitation rights to Brad Pitt.

Darren Kavinoky

Attorney Darren Kavinoky weighs in on the story about the children’s welfare possibly being in question by DCFS. Says Kavinoky, “They don’t care about anyone’s celebrity. When it comes to DCFS cases, the guiding principle is the welfare of the little ones.” (4)

Jolie Pitt Divorce

Kavinoky also adds, “No special treatment is given. Celebrity can be a double edge sword. Sometimes people are treated worse because they are a celebrity. The kids in such an investigation would be assigned their own lawyers. Drug and alcohol evaluators are relied upon for their expertise to provide insight.”

Sources

1. Stephanie Webber. September 22, 2016. Us Weekly. “Brad Pitt, Angelina Jolie Spoke With DCFS After Jet Incident: New Details” Retrieved via http://www.usmagazine.com/celebrity-news/news/brad-pitt-angelina-jolie-spoke-with-dcfs-after-jet-incident-w441601
2. TMZ Staff. September 20, 2016. TMZ. “Angelina Just Put Our Kids in Danger.” Retrieved via .
3. TMZ Staff. September 22, 2016. TMZ. “Brad Pitt Child Abuse Report Referred to FBI.” Retrieved via http://www.tmz.com/2016/09/22/brad-pitt-child-abuse-fbi-lapd-angelina-jolie.
4. September 20, 2016. Fox News.com. “Angelina Jolie Files For Divorce From Brad Pitt, Cites Irreconcilable Differences” Retrieved via http://www.foxnews.com/entertainment/2016/09/20/angelina-jolie-files-for-divorce-from-brad-pitt-cites-irreconcilable-differences.html.
5. For more information about Los Angeles County Department of Children Family Services please visit http://dcfs.co.la.ca.us/.

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Darren Kavinoky speaking about Hispanic Heritage Month

Hispanic Heritage Month: Opportunity to Highlight Injustice

Posted by Nicole Hanratty on September 15, 2016

A message from 1.800.NoCuffs founder, attorney Darren Kavinoky:

September is Hispanic Heritage Month, a month to celebrate how Hispanics have enriched American society. Yet, as a criminal defense attorney, I also see it as an opportunity to highlight the injustice that people of Hispanic descent face every single day.

The facts about Hispanics and the justice system are stunning. Hispanics are stopped and arrested at a much higher rate than other ethnic groups. And, they make up a larger percentage of the state prison population. Statistics also show they face more stringent jail sentences.

And sadly, things don’t get better in the federal court system. According to a PEW Research Center report, Latinos account for approximately “40% of all sentenced federal offenders more than triple their share (13%) of the total U.S. adult population.” (1)

This is not a problem we can fix overnight, but it is one that is close to my heart. Wrongful arrest and imprisonment, especially when based on race, is absolutely intolerable. There should be no such thing as “Driving While Brown” as a reason for a traffic stop or police investigation.

Hispanics Graduation Rate Rises

But here’s the good news. According to another PEW Research Center report, “Over the past four decades, the number of Hispanics graduating with either an associate or a bachelor’s degree has increased seven-fold.” (2)

This is growth that is outpacing any other group. This is an educated segment of society with a lot to teach and share. So let’s use this month to remind ourselves that celebrating every heritage is what makes us a great nation!

Best,
Darren Kavinoky

Join the conversation online #HispanicHeritageMonth

I join @1800NoCuffs in raising awareness for justice and ending discrimination. #HispanicHeritageMonth

More Information on Hispanic Arrest rates

According to the 2015 California DUI-MIS report, “Among 2013 DUI arrestees, Hispanics (44.6%) were the largest racial/ethnic group as they have been each year for over a decade. Hispanics continued to be arrested at a rate substantially higher than their estimated percentage of California’s adult population (35.4% in 2013).”

Hispanics, according to the NAACP, together with African Americans “comprised 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one-quarter of the US population.” (4) They statistically face more stringent jail sentences than whites and are more likely to be expelled from school.

According to the 2009 PEW Research Center Report, “Sharp growth in illegal immigration and increased enforcement of immigration laws have dramatically altered the ethnic composition of offenders sentenced in federal courts. In 2007, Latinos accounted for 40% of all sentenced federal offenders—more than triple their share (13%) of the total U.S. adult population.” (1)

Sources

1. Mark Hugo Lopez and Michael T. Light. February 18, 2009. PEW Research Center Report. “A Rising Share: Hispanics and Federal Crime” Retrieved via https://www.scribd.com/document/12657999/A-Rising-Share-Hispanics-and-Federal-Crime

2. Richard Fry and Mark Hugo Lopez. August 20, 2012. PEW Research Center. “IV. College Graduation and Hispanics.” Retrieved via http://www.pewhispanic.org/2012/08/20/iv-college-graduation-and-hispanics/.

3. 2015. California DUI-MIS. “ANNUAL REPORT OF THE CALIFORNIA DUI MANAGEMENT INFORMATION SYSTEM.” Retrieved via .

4. NAACP. Criminal Justice Fact Sheet. Retrieved via https://studyclerk.com/blog/criminal-justice-fact-sheet

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Darren Kavinoky raising awareness for Suicide Prevention Month

Raise awareness for Suicide Prevention

Posted by Nicole Hanratty on September 10, 2016

Tweet with @1800NoCuffs and join the campaign for awareness using #WorldSuicidePreventionDay. Together we can save lives.

A message from 1.800.NoCuffs founder, attorney Darren Kavinoky

#WorldSuicidePreventionDay

September is National Suicide Prevention Month. If you’re battling depression or are considering ending your life, please reach out for help.

There are so many issues that people struggle with silently, whether it’s addictions, bullying, or sexuality, just to name a few, but whatever it is that is troubling you, know that you are not alone.

Peace of mind and freedom from depression can just be a phone call away.

I know that real change can happen in a moment and this can be your moment right now.

Please call the National Suicide Prevention Hotline at 1-800-273-TALK. That’s 1-800-273-8255.

Your life is worth it.
For more information, please visit:
Suicide Prevention Resource Center http://www.sprc.org/ 1 (800) 273 TALK

American Foundation for Suicide Prevention

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1.800.NoCuffs is the number you hope you never need but should always keep on hand. From DUI arrests to federal criminal charges, 1.800.NoCuffs has attorneys on call every single day of the week and weekend 24/7 available to assist you with your legal issues, questions and concerns.
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Many Paths One Destination free event featuring keynote speaker Darren Kavinoky on National Recovery Month

Free Addiction Recovery Event in San Jose Oct 1st

Posted by Nicole Hanratty on September 9, 2016

A MESSAGE FROM 1.800.NoCuffs founder, DARREN KAVINOKY

Addiction/Recovery – Month of September

September is National Recovery Month. This is a cause that is close to my heart. I know first-hand the destruction of addiction.

I will be sharing my experience in San Jose, California at the Many Paths One Destination Event. It’s a fun, informational, and educational event on October 1st, which may be one day late but just in time to help someone get help.

Everyone is welcome—it’s FREE and open to the public. Please come out. October 1st at Lincoln Glen Church, 2700 Booksin Avenue, San Jose 95125.

Addiction Recovery Month

Many Paths One Destination Event Flier October 1, 2016, San Jose Ca Addiction Recovery Free Event

Free Recovery Event in San Jose, Ca Oct 1st

Excerpt via www.manypathsonedestination.org Press Release:

8th Successful Year for Many Paths One Destination Event in San Jose
A fun, informational celebration and educational event for all seeking information about recovery from addictions. Everyone is welcome.

October 1st marks the 8th year for the very successful Many Paths One Destination Recovery Event to be in San Jose. Over the past 8 years Many Paths One Destination has been host to over 3500 people fighting such things as alcohol and drug addiction, eating disorders gambling and other addictions that affect us all.

Many Paths One Destination provides tables free for any organization, group, or person wishing to display their part in recovery. Typically the 12 Step programs set up displays but we have also had suicide prevention and eating disorder participants as well as recovery centers and related professionals.

There is also a $5 spaghetti lunch provided at the event.

The event will take place all day on October 1st at Lincoln Glen Church, 2700 Booksin Avenue, San Jose 95125. Come on out for a fun filled day filled with education, fellowship and hope.
For more information, please visit http://www.manypathsonedestination.org/
1.800.NoCuffs is the number you hope you never need but should always keep on hand. From DUI arrests to federal criminal charges, 1.800.NoCuffs has attorneys on call every single day of the week and weekend 24/7 available to assist you with your legal issues, questions and concerns.
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Darren Kavinoky #standwitheyebobs Stand Up 2 Cancer

Join #standwitheyebobs @eyebobs and Stand Up 2 Cancer

Posted by Nicole Hanratty on September 9, 2016

A MESSAGE FROM 1.800.NoCuffs founder, DARREN KAVINOKY

My favorite eyewear maker, eyebobs, has teamed up with Stand Up 2 Cancer to raise money and awareness! I #standwitheyebobs in my new eyebob glasses! Join me and post a pic wearing your “Take A Stand” eyebobs with the hashtag #standwitheyebobs and eyebobs will donate an additional $2 up to $50,000.

Check out eyebobs.com for all the details and let’s Stand Up 2 Cancer Together!
https://www.eyebobs.com/su2c/

SHARE YOUR #REASONS2STANDUP

“On Friday, Sept 9 at 8|7c, join Hollywood favorites for a live hour-long, commercial-free fundraising telecast to benefit groundbreaking cancer research.” via http://www.su2cshow.org/ You can Tweet along with the show and share your #Reasons2StandUp. Be sure to tag @1800NoCuffs on Twitter so we can share your reason!

Join the Stand Up 2 Cancer campaign with eyebobs #standwitheyebobs

Stand Up 2 Cancer Charity

Stand Up 2 Cancer, The Show airs on live on Friday, September 9th, 2016, 8PM|7c.

Eyebobs and Katie Couric Stand Up 2 Cancer #standwitheyebobs

“I’m happy to report when we stand together against cancer the news only gets better.”
– KATIE COURIC

You can join Darren Kavinoky and show your support for Stand Up 2 Cancer online.
http://www.standup2cancer.org/
https://twitter.com/su2c

1.800.NoCuffs is the number you hope you never need but should always keep on hand. From DUI arrests to federal criminal charges, 1.800.NoCuffs has attorneys on call every single day of the week and weekend 24/7 available to assist you with your legal issues, questions and concerns.
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Paralympics Athlete Swimmer Jessica Long is an Inspiration

Posted by Nicole Hanratty on September 7, 2016

Paralympics Athlete Swimmer Jessica Long is an Inspiration

A MESSAGE FROM DARREN KAVINOKY

The 2016 Paralympic Games in Rio are about to begin. I am in awe of the spirit and achievements of athletes like swimmer Jessica Long. As the most decorated athlete with 17 Paralympic medals, Jessica Long’s story is one of triumph.

She was born in Siberia and adopted from an orphanage in Russia to be raised in Baltimore Maryland. Jessica was born with a condition called fibular hemimelia and, as a result, she was missing important bones in her ankles and feet.

At 18 months of age, the lower parts of her legs were amputated in order for prosthetics to be put in place. She began swimming at the age of 10 and competed in her first Paralympic Games in 2004.

Jessica is an inspiration to all of us and proof that it isn’t where you begin in life, it’s where you end up that matters.

You don’t have to be better than anybody else, you just have to be better than you were yesterday.

I will be rooting for Jessica at the 2016 Paralympic Games and all of the incredible athletes ready to pour their hearts out in Rio.

Go Team USA!

This sports content is brought to you by the No Cuffs Report.

You can connect with Jessica Long online:
https://www.facebook.com/Jessica-Long-17959176479/
https://twitter.com/JessicaLong
1.800.NoCuffs is the number you hope you never need but should always keep on hand. From DUI arrests to federal criminal charges, 1.800.NoCuffs has attorneys on call every single day of the week and weekend 24/7 available to assist you with your legal issues, questions and concerns.
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What Happens When You Get a DUI in California?

Posted by Nicole Hanratty on April 15, 2016

When you get a DUI in California, it can be a scary and daunting process. DUI attorney and founder of 1800NoCuffs, Darren Kavinoky, brings you accurate and informative answers to your most-asked music festival DUI-related legal questions.

Music Festival Fun & Caution

Palm Springs is getting ready for the next three weekends of the Coachella Music and Arts Festival. For two weekends in a row, the Indio Invasion will take over the Inland Empire. When they’re done, Stagecoach country music festival begins. It’s going to be crazy fun, so make sure you plan ahead to be safe. Be sure to check out this 10 Coachella Essentials and Survival Guide Playlist and watch Darren Kavinoky’s Legal Minute below.

If you encounter legal problems while in the Inland Empire, call 1800NoCuffs. We have attorneys on hand to answer your calls and walk you through your individual situation 24 hours a day, 7 days a week. We stay awake to help you, so you can rest easy.

Music Festival Legal Minute

In this episode, Darren Kavinoky answers four important DUI-related questions. Watch the Music Festival Legal Minute on YouTube for information and legal advice by Darren Kavinoky. In this episode, he’s dressed and ready to go in desert-friendly music festival garb.

DUI in California: This Legal Minute Answers…

1. What happens when you get a DUI in California?
2. How long does a DUI stay on your record?
3. What to do when you get a DUI in California?
4. How many points is a DUI In California?

Please think before you drink and before you enter the music festival grounds and plan your way home . Enjoy yourself and be smart! 1800NOCuffs is the number you hope you never need but should always have on hand.The Kavinoky Law Firm employs the best DUI attorneys in California.

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Top Times and Dates for California DUI Arrests

Posted by John Devendorf on January 13, 2016

Make no mistake, there are popular times and dates for California DUI arrests. Although, technically, there is no right or wrong place at the right or wrong time to drive drunk.

It may be the one time they drank one too many beers with co-workers at happy hour, or the one time that a headlight burnt out, which cause the police to pull their car over. Although cops in California don’t necessarily have to look too far to find drivers under the influence of marijuana or alcohol, there are certain times and dates when law enforcement are on higher alert to target impaired driving.

Weekends are Popular Times

It may seem obvious, but weekends and weekend activities seem to coincide with drinking and driving. After a long work week, many people like to relax on the weekends, and enjoy time with friends and family. This may include afternoon BBQs where people can enjoy cold beer in the sunny California weather, or a night out dancing till the wee hours. But at some point, people have to go home.

Some drivers make the short drive home if they drank more than they intended or didn’t arrange for a safe ride home. Most people just want to sleep in their own beds.

However, police officers are on the lookout for impaired driving, especially on the weekends. When there may be daytime weekend events like football games, or holiday barbecues, law enforcement may be on higher alert for daytime intoxicated driving. Otherwise, law enforcement are well aware that weekend evenings will see a high rate of drivers heading home after having too much to drink, smoke, or otherwise consume intoxicating substances.

Late Night to Early Morning Hours

Late night or early morning is the time when roads have an increase in drivers under the influence. After all, when the bars close, the patrons have to go somewhere. It’s worth noting that many people who frequent bars keep their alcohol consumption limited or ensure a ride home. Others still feel okay to drive although technically over the limit.

The police know peak times for impaired driving, and are on the lookout for cars exhibiting erratic driving. Even if it is a minor traffic violation the police can stop a car. When a driver is pulled over early in the A.M., the police may be looking for signs of drug or alcohol consumption. If a police officer suspects a DUI, it may lead to field sobriety testing and/or a field breathalyzer.

Holidays

According to the National Highway Traffic Safety Administration, holidays can be peak periods for drinking and driving. The Fourth of July holiday, is often among the dates with the highest rates of alcohol-related accidents. The book ends of summer, Memorial Day and Labor Day, are also busy dates for law enforcement. Even the holidays of Christmas and Thanksgiving are active DUI arrest events. The night before Thanksgiving, also known as Black Wednesday, is one of the busiest nights for bars. As a result, ti is also one of the busiest nights for DUI arrests.

Before You Decide to Drink and Drive

Understandably, most drivers may not think about the times and dates for an increased chance of DUI arrest. However, statistics of alcohol-related accidents is well known to law enforcement. Drunk-driving figures are public knowledge to Police Departments, Sheriffs and the California Highway Patrol. With this knowledge in mind, they often target possible impaired drivers for DUI arrests during these times.

Police may also conduct sobriety checkpoints around these times and dates. According to law enforcement, DUI checkpoints serve two purposes. They catch impaired drivers, and also discourage drivers from getting on the road after too many drinks.

Get Help with DUI Arrests

You don’t have to do this alone! Call California’s Top DUI attorneys with The Kavinoky Law Firm to stand by your side and defend your case. We employ the best criminal defense attorneys in the state so that we can provide you with the best defense possible. Call 24/7 – we don’t sleep – so you can.

Domestic Violence and Divorce in California

Posted by Brianna Wilkins on February 3, 2014

Domestic violence accusations are common during a divorce. Some are accurate, some are less than accurate.

22% of divorces today end due to a claim of violence in the relationship. Additionally, 3 million women a year are victims of partner abuse. With this consideration, however, some partners make exaggerated or misleading claims of violence. Unfortunately, some see these claims as a way to gain advantage in divorce and/or custody proceedings. Many partners lose access to their children as a result of false domestic violence charges. However, with an expert criminal defense attorney on your side, so shall the truth be with your case.

Domestic violence accusations can majorly impact divorce proceedings. Regardless if it is an allegation, arrest or conviction, accusations are impactful. This is true particularly when it comes to child custody issues. This is a serious danger for all partners processing divorce. However, it is especially harmful for those in the military. A conviction of domestic violence during a divorce will affect child custody and the outcome of a divorce. Unfortunately, it can also cost military personnel their jobs.

While domestic violence is a real issue in many divorce cases, sometimes the accusations are false.

Divorcing couples are often involved in messy disputes. Some cases lead to an angry spouse claiming abuse out of frustration. If you believe you’ve been falsely accused of spousal abuse, do not wait. It’s crucial to seek the help of a qualified legal counsel who will work to protect your rights.

Protective Orders

Also referred to as restraining orders, protective orders are popular grants during a divorce. If granted, a partner may not be able to see his/her children. The accused is likely not able to enter his/her own home or visit his/her children. In some cases, those with restraining orders against them may also find themselves with additional responsibilities. He or she may need to attend counseling or anger management classes.

A parent with a restraining order against him or her will likely have a difficult time fighting for custody and visitation rights to his children. In some cases, restraining orders may last for several years after the divorce. If a partner violates an active protection or restraining order, he can go to jail.

Criminal Charges

An arrest for domestic violence in the state of California may result in criminal charges. A conviction on your record can affect you for years to come. The safest course of action for men accused of domestic violence is to remain calm and obey all restraining orders for the time being. If the accused respects the boundaries of the restraining order, there is hope to drop the charges. Of course, if an expert criminal defense attorney proves the allegations are false, the restraining order is no longer valid.

Domestic Violence Act

As a man with false allegations of domestic violence made against you, it’s imperative that you understand the Domestic Violence Act. Implemented in 1979, the act defines what constitutes domestic violence. According to the legislation, domestic violence is defined as “attempts to cause or intentionally causing bodily injury, and placing a person in fear of ‘imminent serious bodily injury’ by threatening the use of force.” Under the act, it’s easy for women to make false allegations but, with the right criminal defense, you may be able to prove your innocence and protect your rights.

Domestic violence charges can result in severe legal consequences for defendants, including eviction, heavy fines and legal fees, and a permanent mark on your criminal record. Additionally, these charges can affect alimony and child custody. Some courts prevent parents with a history of physical abuse from visiting their children, even under supervision. Some of the normal privileges you’ve grown accustomed to throughout the years may be taken away from you as a result of a false domestic violence charge.

Don’t Fight Alone

During a divorce, things can get ugly. Don’t fight this battle alone. If you find yourself standing on the wrong side of a restraining order, call The Kavinoky Law Firm. We hire only the best attorneys in Los Angeles. We work around the clock to protect your rights. 1.800.No.Cuffs is the number to remember but hope you never need.