Tag: DUI

Deadly 2016: From Celebrity Deaths to DUIs

Posted by Staff on December 27, 2016

It was a deadly 2016. From the litany of celebrities lost to deaths on the road from DUI, the past twelve calendar months leave a dark cloud of loss over the memory of 2016. “Who died in 2016” is now a popular search term as the public digests all of the lives the year has taken.

From notables in government to greats in the entertainment industry and sports, 2016 buried people who defined generations. Janet Reno, Tom Hayden, Alan Thicke, Prince, John Glenn, Carrie Fisher, George Michael, Zsa Zsa Gabor, Florence Henderson, Leonard Cohen, Arnold Palmer, Jose Fernandez, W.P. Kinsella, Gene Wilder, Garry Marshall, Elie Weisel, Christina Grimmie, Gordie Howe, Muhammad Ali, Morley Safer, Doris Roberts, Will Smith, Patty Duke, Merle Haggard, Garry Shandling, Frank Sinatra Jr., First Lady Nancy Reagan, Harper Lee, U.S. Supreme Court Justice Antonin Scalia, Glen Frey, and David Bowie are just a few of the accomplished individuals who passed away in 2016. [3]

On top of all of that, CBS News reports that 2016 may go down as the deadliest year on record for DUI as well. [1] The report cites this statistic from NHTSA, “Every day, 28 people in the United States die in an alcohol-related vehicle crash—that’s one person every 53 minutes.” [2] Despite campaigns to educate the public on the dangers and consequences of drunk driving, the rates of DUIs are going up according to this CBS report.

Deadly 2016

NHTSA administrator, Dr. Mark R. Rosekind says in an interview with Kris Van Cleave, “We’re seeing these increases that we have not seen in fifty years. It’s tragic.”

SOURCES
1. Kris Van Cleave. December 26, 2016. CBS News. “M2016 feared as deadliest year for drunk driving.” Retrieved via http://www.cbsnews.com/videos/2016-feared-as-deadliest-year-for-drunk-driving/.
2. NHTSA. Retrieved on December 27, 2016 via .

3. CNN. Retrieved on December 27, 2016 via http://www.cnn.com/2016/01/05/world/gallery/people-we-lost-2016/index.html.

Connect with 1.800.NoCuffs online social media at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

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

Mom Hands Child Sippy Cup of Wine When Pulled Over for DUI

Posted by Staff on December 27, 2016

If you are pulled over for a DUI, don’t complicate your arrest. Alcohol is a known substance that “reduces the function of the brain, impairing thinking, reasoning and muscle coordination.” [1] In Goshen, Ohio, a mom admitted to handing her sippy cup full of wine to her 5-year-old child in the backseat of the car after she was pulled over for a DUI. [2] This is an example of impaired thinking that can complicate matters if you are pulled over for DUI. Elizabeth Louise Floyd, age 27, was booked in Hamilton County on December 23, 2016. [3]

DUI Arrests

Floyd’s case is an example of how people panic when they are pulled over and they know they have been drinking. While the best way to avoid being arrested for DUI is not to drink and drive, our attorneys also understand the fear and panic of being pulled over. Making a rash impulsive decision to hand alcohol to a child is ill-advised as it can complicate your case and add to the charges filed against you.

If you are pulled over for a driving under the influence, remain calm. As Founding Attorney of 1.800.NoCuffs Darren Kavinoky, always says, “The right to remain silent only helps you if you choose to exercise it.”

Be polite but let an experienced DUI attorney answer the questions for you. If you are looking for information on how to fight a DUI, download our free “California Legal Guide” eBook here.

SOURCES
1. NHTSA. Retrieved on December 27, 2016 via .

2. Staff. December 27, 2016. Via Tribune Media Wire on q13fox.com. “Mom pulled over for DUI handed wine ‘sippy cup’ to 5-year-old in backseat, police say.” Retrieved via http://q13fox.com/2016/12/27/mom-pulled-over-for-dui-handed-wine-sippy-cup-to-5-year-old-in-backseat-police-say/.

Connect with 1.800.NoCuffs online social media at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

Nickelback, DUIs and Travel to Canada After DUI on CNN International

Posted by Staff on December 1, 2016

Can you travel to Canada after a DUI? Darren Kavinoky and John Vause discuss on CNN International amidst the Canadian police Nickelback DUI punishment news buzz.

Can you travel to Canada after a DUI? The Canadians announcement yesterday that they will impose music playing as part of DUI punishment brings up the question of DUI policy in Canada and how they view potential visitors to their country who have a DUI on their record. Darren Kavinoky appears on CNN International with John Vause to discuss Canada’s announcement that they will play Nickelback for those arrested for DUI in the police car ride to the station.

Kensington Police Service in Canada announced the new DUI punishment in a Facebook post over the weekend…”When we catch you, and we will catch you, on top of a hefty fine, a criminal charge and a years driving suspension we will also provide you with a bonus gift of playing the offices copy of Nickelback in the cruiser on the way to jail.” [1]

John Vause of CNN says, “In the sleepy town of Kensington they’re warning of a cruel and unusual punishment for drunk drivers who find themselves in the back of a patrol car…miranda rights, handcuffs and the blaring sound of Canada’s much-maligned rock band Nickelback. Criminal defense attorney Darren Kavinoky joins me now. Mr. No Cuffs specializes in DUI law.”

“I think it’s so clever and I’ll bet you that tomorrow Chief Marketing Officers in corporations all around the world are going to be called into their bosses office to say, ‘You know what do one of those viral things for me.’ It’s an authentic real way to get people engaged in an important conversation. It’s a big problem,” observes criminal defense lawyer Darren Kavinoky.

“The department told CNN today they don’t actually hate the band,” says Vause. He adds, “They said this, ‘We are just using a different approach to get an age old message. As long as it starts a ‘don’t drink and drive’ dialogue, we’re happy with that.'”

“In Canada, in particular, we’ve seen that over half the fatalities that happen on the roadway involve alcohol or drugs and so this is a real problem that needs some real solutions and this opens up some opportunity for real dialogue so I’m very much in favor of what they’re doing here.” says Kavinoky.

Can you travel to Canada if you have a DUI?

John Vause of CNN adds, “If you look at the issue of drink driving in Canada, they have some of the toughest [DUI] laws on the books. Right?”

“They do,” answers Kavinoky. “As a matter of fact, even for citizens in the United States,” says Kavinoky, “they’re unable to gain entry into Canada if they’re on probation for DUI here in the U.S. So Canada takes it very seriously with jail, license suspensions. They do all those things internally, but even for people who have DUIs in other countries who want to come visit Canada, forget it.”

“I would love to be put out of business thanks to Nickelback,” says Kavinoky. “A matter of time,” responds Vause. Watch the video live here.

SOURCES
1. Rolando Zenteno. CNN International. November 30, 2016. “Canadian cops to punish drunk drivers with Nickelback tunes.” Retrieved via http://www.cnn.com/2016/11/30/americas/police-canada-nickelback-dui-trnd/.
2. CNN International.

John Vause on CNN http://www.twitter.com/vausecnn

Find 1.800.NoCuffs on social at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

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.

Criminal Attorney and Celebrity Media Analyst Darren Kavinoky

Tragic Chattanooga Bus Accident Potential Criminal Charges

Posted by Staff on November 22, 2016

Johnthony Walker, 24, charged w/ 5 counts vehicular homicide, reckless endangerment & reckless driving in Talley Rd school bus crash. pic.twitter.com/9ZTIpXUZNl

— Chattanooga Police (@ChattanoogaPD) November 22, 2016

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

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

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

LIVE on #Periscope: Chief Fletcher updating media on Talley Rd bus crash https://t.co/LhBwtUQM5z

— Chattanooga Police (@ChattanoogaPD) November 22, 2016

Potential Criminal Charges

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

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

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

Last patient just extricated from bus by #ChattFire here at school bus crash on Talley Rd. EMS is transporting. pic.twitter.com/0GhrSSy0Wc

— Chattanooga FireDept (@ChattFireDept) November 21, 2016

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

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

Find 1.800.NoCuffs on social at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

DUI Case Assistance

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

Darren Kavinoky - DUI Criminal Defense Attorney Los Angeles

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

Posted by Staff on November 22, 2016

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

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

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

Celebrity and DUI Verdicts

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

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

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

Find 1.800.NoCuffs on social at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

DUI Case Assistance

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

LA Rams Cornerback Troy Hill Arrested on Suspicion of DUI After Crash

Posted by Staff on November 21, 2016

This past weekend Los Angeles Rams Troy Hill, a cornerback for the NFL football team, was arrested after an automobile crash on Saturday morning on suspicion of DUI (driving under the influence).

Rich Hammond from PressTelegram.com reports, “Authorities said Hill, 25, was driving on the 101 Freeway in the San Fernando Valley when his Mercedes rear-ended a truck. Hill reportedly failed a field sobriety test and was arrested by the California Highway Patrol at 8:15 a.m.” [1]

The crash scene was in Encino, California. “The California Highway Patrol received a report that a Mercedes Benz and a big rig had crashed on the westbound 101 Freeway west of Haskell Avenue just before 8 a.m., according to the CHP,” reports Jessica Rice for NBC. [2]

Of the Troy Hill arrest, Darren Kavinoky, founding attorney of 1.800.NoCuffs, explains, “Anytime police smell alcohol that they believe is coming from the driver, a DUI investigation is certain to follow. It doesn’t matter if it’s eight in the morning, eight at night, or anywhere in between.”

Understanding DUI Evidence

Kavinoky adds, “There are four major categories of evidence that police and prosecutors will always look to when evaluating a potential DUI prosecution. These include driving pattern, physical signs and symptoms, field sobriety test performance, and chemical test results (The refusal to submit to a post – arrest chemical test, which can be introduced as consciousness of guilt.)” See the Infographic below.

The holidays bring celebrations translating to an increase of DUI checkpoints and Thanksgiving weekend arrests for DUI on the roads. “A good criminal defense attorney,” says Kavinoky, “especially one who knows the junk science frequently associated with a DUI arrests, may be the best and most valuable player for the Rams this season!”

SOURCES
1. Rich Hammond. November 19, 2016. Press Telegram. “LA Rams’ Troy Hill arrested on suspicion of DUI after 101 Freeway crash.” Retrieved via http://www.presstelegram.com/general-news/20161119/la-rams-troy-hill-arrested-on-suspicion-of-dui-after-101-freeway-crash.

2. Jessica Rice. November 2016. NBC. “LA Rams Cornerback Troy Hill Arrested for DUI” Retrieved via http://www.nbclosangeles.com/news/local/LA-Rams-Cornerback-Troy-Hill-Booked-for-DUI-402069786.html

Find 1.800.NoCuffs on social at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

DUI Attorney Los Angeles

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

DUI Makes Thanksgiving a Deadly Time on the Roads

Posted by Nicole Hanratty on November 18, 2016

Thanksgiving is coming and that means an increase in DUI danger on the roads. According to the Center for Disease Controls, “In 2014, 9,967 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (31%) of all traffic-related deaths in the United States.” [1]

Holiday-related spikes in binge drinking and drunk driving are expected to start on Thanksgiving Eve and continue through New Year's. (PRNewsFoto/Alcohol Monitoring Systems, Inc.) — Holiday-related spikes in binge drinking and drunk driving are expected to start on Thanksgiving Eve and continue through New Year’s. (PRNewsFoto/Alcohol Monitoring Systems, Inc.)

A press release by About Alcohol Monitoring Systems, Inc. (AMS) reveals, “New data from 500,000 DUI offenders tested 24/7 for drinking, shows that violations among the monitored group are 38 percent higher than average on Turkey Day, and see a 31 percent jump during the long Thanksgiving weekend.” [2]

The AMS report qualifies that the pool of data is collected from people wearing one of their monitoring devices. So they have already been convicted of a DUI. The company’s spokesperson Kathleen Brown explains:

“The people we monitor have been court-ordered not to drink, know they’ll get caught, and know there will be consequences, including jail time. So you can imagine the rate of drinking for those who aren’t being monitored.”

The infographic (see above) released by AMS calls Thanksgiving Eve “Blackout Wednesday” and says it is a day with more alcohol consumption in some areas than New Year’s Eve or St. Patrick’s Day. AMS reports that they see a 31% “jump in violations for DUI Offenders Monitored with SCRAM CAM®.” [3]

If you are looking for more information on Scram Systems please visit https://www.scramsystems.com/.

“All 50 States, the District of Columbia, and Puerto Rico have by law set a threshold making it illegal to drive with a BAC of .08 g/dL or higher. In 2014, there were 9,967 people killed in alcohol-impaired driving crashes, an average of 1 alcohol-impaired-driving fatality every 53 minutes. These alcohol-impaired-driving fatalities accounted for 31 percent of all motor vehicle traffic fatalities in the United States in 2014.” [4]

SOURCES
1. CDC. Retrieved via http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html.

2. Press Release. Alcohol Monitoring Systems, Inc.

3. AMS. Infographic. Holiday-related spikes in binge drinking and drunk driving are expected to start on Thanksgiving Eve and continue through New Year’s. (PRNewsFoto/Alcohol Monitoring Systems, Inc.) Retrieved via: http://photos.prnewswire.com/medias/switch.do?prefix=/appnb&page=/getStoryRemapDetails.do&prnid=20161117%252f440912%252dINFO&action=details.

4. Department of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic Safety Facts 2014 data: alcohol-impaired driving. Washington, DC: NHTSA; 2015 [cited 2016 Feb 5]. Available at URL: http://www-nrd.nhtsa.dot.gov/Pubs/812231.pdf.

Find 1.800.NoCuffs on social at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

DUI Attorney Los Angeles

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

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

Posted by Michael Meehan on November 18, 2016

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

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

Right to Remain Silent

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

How to exercise your right to remain silent

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

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

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

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

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

Playmate Proves Golf Cart DUI Can Be Serious Arrest

Posted by Staff on November 15, 2016

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

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

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

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

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

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

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

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

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

Find 1.800.NoCuffs on social at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

DUI Attorney Los Angeles

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

Cecilia The Mamacita on 93.5 FM KDAY Takes DUI Quiz

Posted by Staff on November 10, 2016

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

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

DUI Attorney Darren Kavinoky in Los Angeles on 93.5 KDAY

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

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

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

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

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

Find 1.800.NoCuffs on social at:
http://www.twitter.com/1800NoCuffs
http://www.facebook.com/NoCuffs
http://www.instagram.com/1800NoCuffs

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.