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

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

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

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

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

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

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

Watch Darren talk about the case here:

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

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

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

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

DUI Attorney Los Angeles

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

Cecilia The Mamacita and Darren Kavinoky 93.5 KDAY DUI Quiz

Cecilia The Mamacita on 93.5 FM KDAY Takes DUI Quiz

Cecilia The Mamacita and Darren Kavinoky 93.5 KDAY DUI Quiz

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

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

DUI Attorney Darren Kavinoky in Los Angeles on 93.5 KDAY

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

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

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

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

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

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

DUI Attorney Los Angeles

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

Recreational Marijuana Use Legal in California

The Legal Ins and Outs of Prop 64: Legalization of Marijuana

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

DUI Attorney Los Angeles

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

Test your DUI Legal Knowledge with 1.800.NoCuffs Quiz

2016-11-04 15_54_10-10 Day DUI Aftermath Includes Denial Dance - YouTube

See how strong your California DUI legal knowledge is with this 1.800.NoCuffs quiz. Here are five questions that take you through DUI arrest, blood and breath testing, and license suspension with DMV. Do you know your rights? Do you know what is legal and is not legal?

What you don’t know about drinking and driving could lead to you being arrested, so stay informed! Call 1.800.NoCuffs. Because no one looks good in handcuffs, unless you are into that sort of thing.

Have you see 10 Day DUI Aftermath Includes Denial Dance video?

DUI Aftermath Includes Denial Dance is brought to you by 1.800.NoCuffs and The Kavinoky Law Firm. Have you been arrested for DUI in California? How did you spend the next day days post arrest?

If you have been arrested in California and charged with Driving Under the Influence, you may be facing a criminal record, paying significant fines, and jail. Another significant consequence of a DUI arrest is losing your driver’s license. Even if you win your court case and are found not guilty of a DUI, you may have already lost your license as a result of the DMV’s administrative license suspension procedure.

Administrative per se (APS) hearings are not automatic. If you want a chance to fight to keep your license, you have to formally request a DMV APS hearing within 10 days after your arrest. You may have to look closely at your temporary license, which is the paper the police hands you after taking away your license in order to figure out how to go about requesting a hearing.

Of course, the easiest way to deal with a DMV hearing is to contact a criminal defense lawyer with experience in fighting DUIs as soon as you can so that he/she can file the hearing request. An experienced attorney knows how to quickly file a hearing request, who to contact, and what the complex procedures of an APS hearing entail. Another benefit is that your lawyer will be able to represent you in both the APS hearing so you can keep your license, and before the criminal proceedings, so you can keep a DUI conviction off your record.

For more information please visit:
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

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 Defense Attorney Darren Kavinoky Hosts Deadly Sins Season 6

1.800.NoCuffs founding attorney, Darren Kavinoky, is the creator and host of Investigation Discovery true crime series Deadly Sins. The show will be back for Season 6 in 2017.
1.800.NoCuffs founding attorney, Darren Kavinoky, is the creator and host of Investigation Discovery true crime series Deadly Sins. The show will be back for Season 6 in 2017.

Sweet Deadly Sins Season 6 news announced today! Watch Darren Kavinoky taking a bit of the Chocomize custom Deadly Sins chocolate below.

Founding attorney of 1.800.NoCuffs and The Kavinoky Law Firm, Darren Kavinoky, will be putting his criminal defense skills to work once again for Season 6 of his wildly popular true crime series Deadly Sins on the Investigation Discovery network.

via Marketwired:

“Deadly Sins, the tantalizing true crime show that breaks down crime to its deadly core, has had five sinfully successful seasons and announces today Investigation Discovery’s hit show will return for a 6th season. Season 6 promises to be bigger than ever as the show continues to draw audiences and engage viewers around the world. Darren Kavinoky, who made a surprise appearance at the network’s 2016 IDCon this summer, will also return to host the series. Deadly Sins season six is expected to air on ID in 2017.

Every episode recreates two ripped-from-the-headlines crimes that highlight the twisted tangled web woven from gluttony, greed, lust, envy, sloth, wrath and pride. ID’s Deadly Sins Season 6 will indeed thrill audiences with recounted devilish deeds. The church bells are being polished and host Darren Kavinoky is picking out his suit and tie to bring viewers the deadliest season yet. True evil lurks behind scandalous crimes and Deadly Sins’ misbehavior expert serves up the goods with his legendary “two scoops of crazy” quips and commentary.” See more: Marketwired. October 26, 2016. Retrieved via http://www.marketwired.com/press-release/investigation-discovery-renews-true-crime-series-deadly-sins-for-season-6-2169759.htm

Known for his frequent appearances as the on-air legal analyst, Kavinoky holds true to his commitment to bring clients of 1.800.NoCuffs facing arrest charges peace of mind.

Watch the “Sweet News” announced by 1.800.NoCuffs Attorney Darren Kavinoky

 

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.

5 Criminal Costumes That Will Lead to Arrest this Halloween

Attorney Darren Kavinoky gets "arrested" all in good fun at the annual CHP Christmas Party, December 2015.
Attorney Darren Kavinoky gets “arrested” all in good fun at the annual CHP Christmas Party, December 2015.

Want to dress up in one of the many criminal costumes available online this Halloween? Here are 5 Halloween costumes that make it a sure thing you will be calling 1.800.NoCuffs the day after your party.

Are you dressing like a criminal or sporting handcuffs for your costume this Halloween? Tweet @1800NoCuffs and @DarrenKavinoky your Halloween costumes with hashtag #CriminalCostumes.

  • 1. Dress up like anyone on the FBI’s 10 Most Wanted List and you’re for sure headed to the slammer. [1]

 

  • 2. Sporting clowns in the woods costumes and scaring children will likely lead to handcuffs. [2]

 

  • 3. Head out in glasses wearing an NSA badge with a whistle around your neck with your best Edward Snowden look and be prepared to be frisked at the very least. [3]

 

  • 4. Since the “’El Chapo’ extradition to US clears another legal hurdle,” (CNN) dressing up as the drug lord Joaquin “El Chapo” Guzman who could be on U.S. territory soon, might raise eyebrows and send you to the big house. [4]

 

  • 5. The Convict Halloween Costume or The Jailhouse Hottie striped costumes from 3Wishes.com, could also land you in handcuffs. You can always call 1.800.NoCuffs for help… Unless you’re into that sort of thing.™ [5]

1.800.NoCuffs and The Kavinoky Law Firm will be carving up pumpkins to be judged by founding attorney Darren Kavinoky. Rumour has it the criminal defense lawyer will be looking for sharp evidence that employees carved up their Jack O’Lanterns themselves!

Footnotes
1. FBI. “Ten Most Wanted List.” Retrieved via
2. David Mack. August 29, 2016. Buzzfeed. “People Are Being Warned About Scary Clowns Luring Kids Into The Woods.” Retrieved via https://www.buzzfeed.com/davidmack/clowns-in-the-woods
3. Edward Snowden. Retrieved via https://edwardsnowden.com/.
4. Emanuella Grinberg and Rafael Romo. October 21, 2016. CNN. “’El Chapo’ extradition to US clears another legal hurdle.” Retrieved via http://www.cnn.com/2016/10/20/americas/el-chapo-extradition/index.html.
5. 3 Wishes.

DUI Attorney Los Angeles

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.

A DUI Attorney logo

Is there a relationship between sports, alcohol, and DUI?

Is there a relationship between sports, alcohol, and DUI?

According to The Harris Poll®, “no matter the beverage, a majority of regular drinkers are tipping something back while watching their favorite sports, regardless of the setting.”

Sports and Drinking

The Harris Poll® noted the following popularity of drinking while watching sports, with the difference noted between watching sports in person, i.e. attending a sporting event, vs. watching a game on TV.

  • Football: 84% drink any alcohol while watching on television and 83% while watching live
  • Boxing: 80% and 81%
  • Hockey: 78% and 79%
  • Basketball: 78% and 80%
  • Baseball: 77% and 81%
  • Car racing: 76% and 81%
  • Horse Racing: 75% and 80%
  • Soccer: 74% and 76%
  • Beach volleyball: 73% and 76%
  • Golf: 71% and 76%
  • Tennis: 67% and 75%

Drinking and DUI

According to StatisticBrain.com, the average number of people arrested annually for drunk driving is 1,500,000.

DUI arrests by age group as it pertains the percent of arrests:
16 – 17 years old is 1.8 %
18 – 24 is 25.3 %
25 – 29 is 15 %
30 – 34 is 12.2 %
35-39 is 10.6 %
40 – 44 is 9.8 %
45 – 49 is 8.9 %
50 – 54 is 7.3 %
55 – 59 is 4.6 %
60 – 64 is 2.7 %
65 and older is 1.8 %

Source:

What were “DUI Offenders Reported Drinking?”
Beer only 54 %
Liquor only 23 %
More than one type 21 %
Wine only 2 %

Source: http://www.statisticbrain.com/number-of-dui-arrests-per-state/

DUI Attorney Los Angeles

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.

The Woody Show Asks Darren Kavinoky How to Defend a DUI

darren-kavinoky-dui-the-woody-show-img_0736

Wondering how to defend a DUI? 1.800.NoCuffs attorney Darren Kavinoky appears on The Woody Show. The Woody Show airs on 98.7 FM in the Los Angeles area (or fans can listen to the show iHeart Radio online).

Darren Kavinoky is a sponsor of The Woody Show and appeared on the popular morning show to give his legal advice on how to defend a DUI arrest, which is “the most popular arrest.” (Kavinoky). DUI stands for Driving Under the Influence.

Says Kavinoky, “People need to know–that you can be impaired whether you are drinking something legal or illegal, prescribed or not prescribed. If it causes you to be unable to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances (that’s the legal blah blah), then you can be arrested for DUI. So that includes your medically recommended weed.”

Darren Kavinoky on The Woody Show

The Woody Show puts Darren Kavinoky’s skills to the test. Says Woody, “I have all these people in the news, you always read about these people who get in trouble. I would like to bring these stories up. And we’ll see how you can break it apart as far as how/where did they make their biggest mistake, just from the information that we have. And then, how would you defend them? Or how would you even begin to defend them? We’ll see how good you are Darren Kavinoky.” The Woody Show asks Kavinoky about a recent Chris Brown incident, read Darren’s comments here on DarrenKavinoky.com.

The Woody Show Asks Darren Kavinoky How to Defend a DUI

The Woody Show, “I’m gonna give you some of these stories in the news..I think to myself man I would just hang up. I wouldn’t even defend these people.”

Attorney Darren Kavinoky weighs in with his comments on “how to” defend the “odd” headlines in the news. The key legal take away from the lawyer?

  • “When you voluntarily take a substance, then you can’t later say, “Oh, I was so out of my mind as the result of my voluntary intoxication that now I can’t be held responsible for what I’m doing. So if you’re doing it consciously then you’re screwed from using that as your defense.”

When asked how to defend a female who was arrested for a second DUI, Kavinoky says, “Spoiler alert, sometimes when the handcuffs go on, windows of opportunity open for individuals to get introspective about changing their lives. And this may be somebody where the best thing to do given what sounds like overwhelming evidence of driving under the influence. Let’s say that they’ve got this woman…we’ll maybe we need to talk about making sure that this person is not a repeat customer of the justice system. And so, I don’t know, how about either rehab or counseling or something because ultimately, and this is my rant, I’m sorry. This is the thing that I think is fundamentally broken in our justice system. We lock people up for taking an action like driving drunk, holding up the 7-Eleven, whatever it is, but we warehouse these people with people that have the same broken thinking mechanism that caused them to take that action in the first place and we do very little to help address that underlying thought problem that leads people to take these broken actions. I would say, in this situation, let’s get this lady some help. …Maybe I’m the crazy one, but I like to leave people better off than when we found them.”

 

Testimonial

“Darren Kavinoky from 1.800.NoCuffs. If you ever find yourself in handcuffs or if you are ever facing a DUI, really Darren, his team, they are right there to help you out. They have two teams of lawyers the guys who get the case together for you and the guys who just go to court. And they’re really experts at what they do. Over two decades of experience. Darren’s a great guy, if you have questions or whatever you can always call over there, 1.800.NoCuffs. That’s 1.800.NoCuffs.” –The Woody Show

MORE ABOUT THE WOODY SHOW
“The Woody Show is driven by a cast of characters coming from a diverse range of backgrounds – all finding a common sense of humor and a love of entertaining their legions of fans weekday mornings from 6a-10a. Woody, Ravey, Menace and Greg Gory are irreverent, real and unapologetically themselves. They talk about the things that are important to all of us. They are the friends you’d want to hang with after work, at a party, or anytime!” –VIA

Binge Drinking, Violence, DUI and Crime

Immediate risks of excessive alcohol use (usually binge drinking), according to the CDC, include “violence, including homicide, suicide, sexual assault, and intimate partner violence”.[1] These are frightening correlations for what many consider to be a night of drinking “fun.”

What are the effects of alcohol on violence, DUI and crime? There is a significant correlation between alcohol and drugs on violence and crime in the United States. The NCADD reports that nearly 3 million violent crimes occur each year in relation to alcohol.

According to SoberNation.com,[2] 7 reasons people drink include reasons such as stress, peer pressure, curiosity, and accessibility. With these as motivators, it’s not surprising that alcohol is related to poor decision-making, DUI, and crime.

The NCADD (National Council on Alcoholism and Drug Dependence) finds:
“The use of alcohol and drugs can negatively affect all aspects of a person’s life, impact their family, friends and community, and place an enormous burden on American society. One of the most significant areas of risk with the use of alcohol and drugs is the connection between alcohol, drugs and crime.” [3]

Alcohol is such a high factor in crime that the NCADD also reports, “About 3 million violent crimes occur each year in which victims perceive the offender to have been drinking and statistics related to alcohol use by violent offenders generally show that about half of all homicides and assaults are committed when the offender, victim, or both have been drinking.” [3]

Sources

1. CDC. Center for Disease Control. http://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm

2. https://www.sobernation.com/seven-common-reasons-why-people-drink-alcohol/

3. NCADD. Retrieved on October 5, 2016 via .

4. Greenfield LA. Alcohol and Crime: An Analysis of National Data on the Prevalence of Alcohol Involvement in Crime [PDF – 229 KB]. Report prepared for the Assistant Attorney General’s National Symposium on Alcohol Abuse and Crime. Washington, DC: U.S. Department of Justice, 1998.

5. Mohler-Kuo M, Dowdall GW, Koss M, Wechsler H. Correlates of rape while intoxicated in a national sample of college women. Journal of Studies on Alcohol 2004;65(1):37–45.

6. Abbey A. Alcohol-related sexual assault: A common problem among college students. J Stud Alcohol Suppl 2002;14:118–128.

rising-crime-rates-hot-topic-in-first-2016-presidential-debate

Rising crime rates in the U.S. hot topic in first 2016 Presidential Debate

rising-crime-rates-hot-topic-in-first-2016-presidential-debate

Are crime rates rising? Spoiler alert: Yes they are.

This heated political season, with hotly debated topics like stop and frisk” target=”_blank”>stop and frisk and gun rights, crime rates front are center.

Last night the first 2016 Presidential Campaign between Hillary Clinton and Donald Trump saw a fiery exchange over how to address rising crime in cities like President Obama’s hometown Chicago.

What trends did the FBI see in crime growth and decline in 2015?

The FBI just released its annual report that reflects all the criminal activity reported by law enforcement to the FBI’s Uniform Crime Reporting (UCR) Program. The results are staggering. All the crime compiled together paints a bleak picture when it’s spelled out in numbers.

According to the report, 2015 sees a 3.9% increase in violent crime. Now that doesn’t seem too terribly bad until you scan down to the part where it says the total number of violent crimes in the United States in 2015 is 1,197,704. Yes, you read that right. ONE MILLION ONE HUNDRED NINETY-SEVEN THOUSAND SEVEN HUNDRED AND FOUR violent crimes committed in ONE year alone.

5 Crime Facts from the 2015 FBI Annual Report

via FBI (1)

  • 1. The estimated number of murders in the nation was 15,696.
  • 2. During the year, there were an estimated 90,185 rapes. (This figure currently reflects UCR’s legacy definition. Learn more about the revised rape definition.)
  • 3. There were an estimated 327,374 robberies nationwide, which accounted for an estimated $390 million in losses (average dollar value of stolen property per reported robbery was $1,190).
  • 4. Firearms were used in 71.5 percent of the nation’s murders, 40.8 percent of robberies, and 24.2 percent of aggravated assaults.
  • 5. Property crimes resulted in losses estimated at $14.3 billion. The total value of reported stolen property (i.e., currency, jewelry, motor vehicles, electronics, firearms) was $12,420,364,454.

How do the 2016 Presidential Candidates feel about gun laws and crime rates in the U.S.?

HillaryClinton.com has this quote front and center on her website under Issues / Justice and Equality / Gun Violence Prevention:
“I believe weapons of war have no place on our streets. We may have our disagreements on gun safety regulations, but we should all be able to agree on a few things. If the FBI is watching you for suspected terrorist links, you shouldn’t be able to just go buy a gun with no questions asked. You shouldn’t be able to exploit loopholes and evade criminal background checks by buying online or at a gun show. And yes, if you’re too dangerous to get on a plane, you are too dangerous to buy a gun in America.”
–Hillary Clinton, June 13, 2016 (2)

DonaldJTrump.com has this as his policy on crime under Positions / Constitution and Second Amendment:

• Enforce the laws on the books. We need to get serious about prosecuting violent criminals.

• Expand and bring back programs like Project Exile and get gang members and drug dealers off the street. When we do, crime will go down and our cities and communities will be safer places to live.

• Empower law-abiding gun owners to defend themselves. Law enforcement does a tremendous job, but they can’t be everywhere all of the time.

–Donald J Trump, website (3)

Sources

1. FBI. September 26, 2016. Press release. “Latest Crime Statistics Released.” Retrieved via

2. HillaryClinton.com. Retrieved on September 27, 2016 via https://www.hillaryclinton.com/issues/gun-violence-prevention/.

3. DonaldJTrump.com. Retrieved on September 27, 2016 via .