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How To Clear DUI Record After DUI Case Is Dismissed Or Expunged

Posted by Staff on January 10, 2017

Wondering how to clear DUI record after your DUI case is dismissed or expunged? After you win your case, what happens when someone is found not guilty of DUI, wins a set aside in court, or DUI charges are dropped altogether? How do they clear their arrest record? What effect does an expungement have?

If you’ve been arrested for DUI, every detail of your arrest, including your mugshot, are instantly made public. The world of social media and online publishing of mugshots makes it especially challenging today for the innocent to clear their records of false arrest or post-DUI arrest in particular. It’s tantamount to trying to put the genie back in the bottle. Even if you are cleared of the crime, your clean record may still pay a price. [Read a recent 1.800.NoCuffs actual client DUI Case Dismissed result here.]

How to clear your record of a DUI Arrest

We asked celebrity criminal defense attorney and founder of 1.800.NoCuffs Darren Kavinoky what happens when someone who is found not guilty of DUI, wins a set aside in court, or charges are dropped altogether. How do they clear their name? Do they still have to check yes in the “have you ever been arrested” box? What happens at the DMV with your driving record? What is an expungement? Can you send a cease and desist claim to a news outlet or website demanding they remove your “mug” shot?

[Download the 1.800.NoCuffs California Legal Guide Free eBook here.]

Q&A With Darren Kavinoky

QUESTION: In a DUI case, is a set aside a win?

DARREN: “In the world of the DMV, a set aside means we win in a DUI case. In the world of the court, we would take the same bad stock fruit of the poisonous tree and that would be the grounds or the basis for a motion to suppress evidence under Penal Code Section 1538.5.”

QUESTION: Then is your record cleared if the DUI case is dismissed? Or does it sit on your record?

DARREN: “Yes, it actually shows up that you were arrested unless you get a finding of factual innocence under Penal Code Section 851.8. Once somebody is arrested unless that is deemed to be a detention only or there is some other relief that is granted such as under Penal Code Section 851.8, it’s forever on your record. Most people assume that if you’re arrested but not convicted, you’re cool. The truth is that if you’re arrested and not convicted and you don’t take some affirmative steps to clean that up, then in some cases it will show up. For instance, if you’re in a position that requires a security clearance or the department of real estate is doing a background check because you want to be a broker or whatever job you’re looking to get, any of those kinds of circumstances, it will show up.”

QUESTION: Do you have to report “Yes, I’ve been arrested” on those applications? Is this different than an expungement?

DARREN: “Correct. An expungement would show that the conviction has been withdrawn and a judgment of not guilty entered and the complaint against you dismissed. As a matter of fact, on an expungement, typically you can truthfully check the box “No” on the “Have you been arrested” question after the expungement. There are exceptions to that and they are outlined in Penal Code Section 1203.4 themselves. The exceptions are if you are applying for state licensure, the conviction that was expunged would still have to be disclosed. If you are applying for a job as a peace officer, it still has to be disclosed. If you’re entering into a contract with the California State Lottery Commission it has to be disclosed. Look at Penal Code Section 1203.4 and it gives you these exceptions.”

QUESTION: Does it stay a point on your record with the DMV?

DARREN: “No. You do not get points on the DMV unless you are convicted of something. But if you are convicted of a DUI and then you get it expunged, the expungement does not erase the points. The points will stay on your record.”

QUESTION: Does an expungement clear your record forever?

DARREN: “Even if you expunge a DUI, DUI’s remember are priorable for a period of 10 (ten) years, so let’s say you get arrested for DUI and you are placed on probation for 3 (three) years, and then you get it successfully expunged. Two more years go by and you get arrested for DUI again. That expunged DUI will be revived legally, and your new DUI arrest will be your 2nd offense. So an expungement isn’t a permanent eraser but is hugely important primarily for people who are in a licensed profession. Their license can get horribly mangled or they will be professionally disciplined based on the arrest and the conviction.”

QUESTION: Today there are dozens of websites where mugshots and arrest records with the date of birth and other personal details are made public nearly instantly. Do you have a recourse if you are found innocent? Can you get your mugshot deleted?

DARREN: “You can under Penal Code 851.8, it is a finding of factual innocence, which will result in the sealing and destruction of all records relating to your arrest. If you get the relief under 851.8, it’s as if the arrest never occurred and everybody has to update their records. The law enforcement agency actually has to shred your reports, your booking photo goes away, it is gone. Now if somebody has put that out on the internet, and you’ve got this court order, I would feel comfortable as a lawyer enforcing that court order and telling that person, “Hey website owner, you better take this down or you’re going to be in violation of this lawful court order and get ready to be sued.”

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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
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theft, fraud, robbery, crime, criminal law

Arrests in Kardashian Robbery May Reveal Crime Secrets, Says Kavinoky

Posted by Staff on January 9, 2017

“Now that 17 people have been arrested in connection with the Kim Kardashian West robbery in France, I suspect it will be a relatively short time before we start hearing details of the crime from the criminals accused themselves,” says criminal defense attorney Darren Kavinoky. The reported robbery attempt occurred in October of 2016 in Paris, France during Fashion Week. According to The New York Times, Agnès Thibault-Lecuivre, a spokeswoman for the Paris prosecutor’s office “said that investigators had identified some of the assailants using DNA found at the crime scene and security camera footage.” [1]

Known for his on-air quips and expert legal “misbehavior” analysis, Kavinoky muses, “As one of my greatest mentors taught me, when it comes to multiple defendants in a criminal prosecution, there are only two kinds of secrets: those that aren’t good enough to keep, and those that are too good to keep! It’s a common scenario for prosecutors to cut a deal with smaller players in order to get witnesses to testify against the primary wrongdoers.”

“This case also illustrates that laws differ not only from country to country, but from state to state and even courthouse to courthouse,” Kavinoky adds. “For example, it’s been widely reported that those arrested are being held for four days while they are being questioned. That would potentially offend the rights that criminal defendants have to be speedily arraigned, or brought to court to learn the charges against them and be provided with the basis for those charges.

Kavinoky further comments, “It also demonstrates something I can’t seem to remind people of often enough: the right to remain silent only helps those who choose to exercise it. Trying to talk your way out of trouble often serves to do just the opposite. Or even at its best, it now becomes a swearing contest as to whose version to believe: the officer’s, or the defendant’s. Best to avoid this problem entirely by keeping your mouth shut, except to ask for your lawyer.”

SOURCES
1. Aurelien Breeden. The New York Times. January 9, 2017. “17 Arrested in Kim Kardashian West Robbery Inquiry in France.” Retrieved via http://nyti.ms/2jkITXW.

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drone laws, crime scene, criminal court case, federal case

Your New Drone May Cost You Thousands in Fines: FAA Drone Laws

Posted by Nicole Hanratty on January 9, 2017

If you are one of the hundreds of thousands of new drone owners, (600,000 private drones were registered last year), your new drone may cost you thousands in fines if you don’t educate yourself on the FAA’s drone laws. The penalty for failing to register an unmanned aircraft alone is steep. According to the FAA, “Failure to register an unmanned aircraft may result in regulatory and criminal penalties.” While the FAA’s website says that every case is handled differently considering the circumstances, it also warns that the FAA may assess “civil penalties up to $27,500.” That’s a number that should get the attention of new drone owners. But that’s not all, if you are found liable for criminal penalties, you can face, “fines of up to $250,000 and/or imprisonment for up to three years.” [1]

Drones may seem like a cool birthday gift or something fun to play with on Christmas day, but without proper training, it can land its pilot in hot water. The Consumer Technology Association reports that 9% of holiday shoppers planned on purchasing a drone in 2016. [5] What are the dangers a drone pose? It can fly too high and interfere with commercial aircraft by getting caught in the engine. It can fly over an active crime or fire area and interfere with helicopters working to put out a fire or police department following a high-speed chase from the air. A drone can injure people or property if it falls out of the sky. And, it can violate the privacy of others, especially if it is flown over private property. All of these situations can lead to criminal and civil charges being filed.

If you use your drone for commercial use or non-recreational use, the FAA issued new rules as of August, 2016, making it easier to begin operating a drone for business purposes. Operators must follow outlined FAA regulations but only need to apply for the previously mandatory commercial exemption waiver if their flight plan does not meet the outlined FAA restrictions. “Before [August 29, 2016], people needed a pilot’s license to fly a commercial drone. Under the new rules, people over age 16 can take an aeronautical knowledge test at an FAA-approved facility and pass a background check to qualify for a remote pilot certificate.” [6] The FAA website specifically states that to “fly for work,” the pilot must have a Remote Pilot Airman Certificate, be 16 years of age, and pass TSA vetting. The drone and any package it may be carrying, must be under 55 pounds in weight and only flight in Class 6 airspace. Several other operating rules apply, for instance, the drone must not fly over people or fly from a moving vehicle.

Not sure if you are flying for fun or if your flight is considered commercial? Visit the FAQ section of faa.gov to read more.

With drone sales expected to explode in 2017, new drone pilots may face thousands in fines if they violate federal laws. And these laws are subject to change as the use of drones evolves. In fact, a bill to ban flying over someone else’s property is currently up for consideration in the Washington’s State Legislature. [2]

Privacy, property rights, federal law aviation concerns, and safety concerns are all taken into account in the creation of laws surrounding flying drones in the United States. The first stop for every new drone pilot is the FAA (Federal Aviation Administration) where UAS (Unmanned Aircraft Systems) must be registered. (You can follow the latest UAS news here.)

FAA Drone Registration

How many people in the United States have filed a regitration of their drone with the FAA? This interactive graph highlights states where drones are most popular.

Per the FAA, “You need to register your aircraft if it weighs between 0.55 lbs. (250 grams) and up to 55 lbs. (25 kg) You will be subject to civil and criminal penalties if you meet the criteria to register an unmanned aircraft and do not register.” [3]

Drone Laws and Criminal Charges

Here are a few recent articles about drone laws and cases where drone pilots faced or potentially face criminal charges:

1. Criminal charges filed against two LA drone pilots http://www.itworld.com/article/3024955/criminal-charges-filed-against-two-la-drone-pilots.html

2. Women struck by drone at wedding sues groom http://www.wkbw.com/news/national/women-struck-by-drone-at-wedding-sues-groom

3. How some drone companies are creating virtual fences for security http://www.cbsnews.com/news/drone-safety-holiday-sales-dji-gps-geofence-virtual-fence

4. Man suspected of flying drone over Trailhead Fire arrested

5. The Pentagon’s ‘Terminator Conundrum’: Robots That Could Kill on Their Own http://nyti.ms/2eGK0Ar

If you find yourself facing federal charges for flying your drone in violation of FAA regulations, call 1.800.NoCuffs.

SOURCES
1. Retrieved on January 9, 2017 via .

2. John Stang. January 4, 2017. Geek Wire. “Drone no-no: State legislation could ban flying over someone else’s property.” Retrieved via http://www.geekwire.com/2017/drone-ban-property-state-legislation/

3. Retrieved on January 9, 2017 via https://registermyuas.faa.gov/.

4. Retrieved on January 9, 2017 via .

5. Retrieved on January 9, 2017 via .
6. Samantha Masunaga. August 29, 2016. LA Times. Retrieved on January 9, 2017 via http://www.latimes.com/business/la-fi-drone-rules-20160829-snap-htmlstory.html.

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Utah Aims To Lower DUI Limit to .05 Percent

Posted by Staff on January 6, 2017

A state lawmaker in Utah is trying to lower the blood-alcohol content DUI limit for driving regulation DUI laws to .05 percent. 1.800.NoCuffs founding criminal defense attorney Darren Kavinoky predicts “the food, beverage and restaurant interests are so powerful” that it will be ultimately rejected. [1]

DUI Drinking Legal Limit

“The notion of lowering the legal limit for DUI charges isn’t new, and it’s a something we can expect to see more of,” says criminal defense and DUI defense lawyer Darren Kavinoky.

“In fact, the legal DUI limit for drinking and driving cases used to be .15 then was lowered to .10, and then again to .08. And when certain states resisted lowering from .10 to .08, the federal government threatened to withhold critical highway funds until and unless those states complied. So there is a great deal of legal precedent in support of this trend towards lowering the limit,” explains Kavinoky.

“That said, it’s difficult to envision going below that level, or all the way to ‘zero tolerance’ for several reasons,” Kavinoky adds. “First, studies performed by NHTSA and others suggest that people aren’t impaired for purposes of driving below .08. and especially below .05.” [View the 1.800.NoCuffs Alcohol Absorption Infographic here.]

“Next, at some point, the citizens will resist the notion that they can’t enjoy a glass of wine or a beer with dinner, and drive afterward. It just smacks into the notions of freedom of choice that this country was founded upon. Finally, the food, beverage, and restaurant interests are so powerful that I predict they will tap into those notions of freedom, and the financial impact of no longer being able to serve a significant population, that attempts to go lower still will be rejected,” forecasts Kavinoky.

Ignition Interlock Device

“The technology is available now to ensure that every driver is alcohol free, whether that be by way of steering wheels capable of testing skin for the emission of alcohol molecules through the hands, or ignition interlock devices that require the driver to blow into them to prove they are alcohol-free or the car won’t start. As much as everyone, myself included, wants to drive on roads that are safe, there are notions of individual liberty and personal freedom with which modern-day prohibitionists are certain to collide.”

SOURCES
1. AP. January 3, 2017. CBS Sacramento. Retrieved via http://sacramento.cbslocal.com/2017/01/03/utah-considers-dropping-dui-threshold-to-05/.

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Crime Broadcast on Facebook Live is Definition of Felony Stupid, Says Kavinoky

Posted by Nicole Hanratty on January 5, 2017

A gruesome attack on Facebook Live raises new legal questions as felony crimes and hate crimes play out on social media. 1.800.NoCuffs founding criminal defense attorney Darren Kavinoky appears on CNN International January 4, 2017, to delve into the recent Facebook Live beating of one man, who CNN reports has mental health challenges, live on social media resulting in the arrest of four people. Kavinoky calls it, “the definition of felony stupid.” [1] Facebook took down the original video of the attack.
Watch Darren Kavinoky’s appearance on CNN International live below.

A young Chicago man is tied up & beaten — live on Facebook @RosaFlores @DarrenKavinoky @holmescnn #cnn https://t.co/oP4lOGsNpk

— Nate Witkins (@natecnn) January 5, 2017

Felony on Social Media

Criminal Defense Attorney Darren Kavinoky says, “I think we more and more of these social media channels that are available, we’re actually going to see more and more of this. This isn’t the first time that crimes have been resolved thanks to social media.” On the rise in frequency of video evidence due to citizen journalists and officer body or dash cams, Kavinoky says, “It does one of two things. I’ve seen several examples where the video tape contradicts what the officer wrote in a narrative report which is great for me as a defense lawyer. Or, it allows me to have a very frank realistic conversation with my client and say, ‘Hey look, this is a crime that was captured on video tape. So let’s talk about a graceful elegant exit to this case and how we can settle it in the most favorable way.'”

Legal Issues of Hate Crimes

When asked if the crime is worse because it is broadcast live and is possibly a hate crime, Darren Kavinoky replies, “Hate crimes can be motivated by race but hate crimes are motivated by things that are more than just race or ethnic group, it could be motivated by somebody’s disability status. And so, if this is a crime that was motivated in whole or in part by this young mans special needs that can be used to enhance whatever sentence a judge is inclinded to hand out.”

On felony sentencing of cases like this Kavinoky adds, “In the United States criminal justice system, it’s routine that a judge or a prosecutor when they’re considering what kind of settlement to enter into are going to look at what’s called factors of aggravation, (things that make it worse), or factors of mitigation, (things that would tend to lesson someone’s culpability.) Somebody being a special needs person is certainly a factor in aggravation because here we have people that are exploiting the unique vulnerability of this young man.”

SOURCES
1. CNN International.

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Police Teen Beatings “A Tale of Two Cases” Says Kavinoky on CNN International

Posted by Nicole Hanratty on January 5, 2017

Two recent teen beatings stories making headlines of police officers involved in the beatings of teenage girls in two different cities are calling attention to the potentially criminal police encounters and the legal issues surrounding just and unjust police reactions in chaotic situations. What is the proper course of action for a police officer when dealing with a teen and when does the officer’s reaction cross into criminal territory? 1.800.NoCuffs founding criminal defense attorney Darren Kavinoky appears on CNN International on January 4, 2017, to delve into issues calling them, “a tale of two cases.” [1]

Watch Darren Kavinoky on CNN discussing teen beatings by police.

Teen Beatings

Kavinoky says, “The first one from Philadelphia, leaves me with a lot more questions than answers. And I’ve seen that video several times. That shows the difficulty of law enforcement where you’ve got a crowd seemingly out of control. And in some of the versions, it sounds like you hear the words, ‘gun gun gun,’ being repeated. And one of the most dangerous things for a police officer is to be in a crowd setting where somebody can get access to that officer’s weapon, now you’ve got an armed ‘crazy person’ and an unarmed officer. That’s a bad and dangerous situation.”

Police Violence

When asked if age and gender should play into an officer’s reaction to avoid teen beatings, Darren Kavinoky replies, “I believe that it should. What ultimately we need to be concerned with is whether the officer’s conduct was reasonable given the totality of the circumstances. So that suggests that the circumstances are going to have a very significant impact on the appropriateness of the officer’s behavior. So for instance, in the second [North Carolina] clip where that girl gets body slammed, I don’t know that there’s any good excuse for what happened in that second situation and that’s why I say this is a tale of two very different cases.”

SOURCES
1. CNN International.
2. http://www.cnn.com/2017/01/04/us/philadelphia-police-teen-brawl/index.html
3. http://www.cnn.com/2017/01/04/us/north-carolina-officer-body-slams-student/

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Darren Kavinoky On Adam Jones Escalating Criminal Charges

Posted by Staff on January 3, 2017

The NFL is plagued with players making headlines for the wrong reasons and Adam “Pacman” Jones is the latest pro football player to face criminal charges.[1] Adam Jones was arrested and admitted by Hamilton County Sheriff’s Department on January 3, 2017, at 12:25 AM. Jones faces four charges including harassment with a bodily substance, obstruction of official business, disorderly conduct, and assault. The total bond amount for all charges totals $37,500.[2]

CBS News reports that the trouble started for the thirty-three-year-old Jones in a bar, “where Jones was allegedly beating on doors, yelling, cursing and refusing to stop when asked.” [1] Pacman is due in court Tuesday, January 3, 2017.

Criminal Charges

“One of the things that the criminal justice system is routinely concerned with is ensuring that someone doesn’t become a ‘repeat customer’ of the court,” says criminal defense lawyer Darren Kavinoky. “Sadly, based on what’s been reported, neither the NFL, nor the criminal courts, have been able to curtail the parade of allegations that have been going on for years, most of which appear to have been fueled by alcohol.”

“Moving from the Tennessee Titans to the Dallas Cowboys to the Cincinnati Bengals has only changed the geography of the incidents; it is like rearranging the deck chairs on the Titanic: until the underlying behavioral issue is truly dealt with and resolved, escalating incidents of misconduct will only result in increased punishment in court, and discipline from the NFL.”

Past arrests for the Atlanta, Georgia native include Jones’ arrest in 2006 outside a bar where he was charged with both disorderly conduct and public intoxication.[3] And in 2013, Jones was arrested outside of a Cincinnati nightclub for punching a woman in the head. He was found not guilty.[4]

SOURCES
1. Staff. January 3, 2017. CBS News. “Cincinnati Bengals’ Adam “Pacman” Jones arrested again, facing several charges.” Retrieved via http://www.cbsnews.com/news/adam-pacman-jones-cincinnati-bengals-arrested-again-facing-several-charges/

2. Hamilton County Sherriff’s Office. Retrieved on January 3, 2017 at .

3. August 26, 2006. Titans cornerback arrested. Online Athens. Retrieved via .

4. AP. August 8, 2013. NFL.com. Bengals’ Adam Jones found not guilty of assault charge http://fw.to/GXsxgYW.

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New DUI Laws for Ignition Interlock Device in 2017

Posted by Staff on December 29, 2016

The new DUI laws for 2017 will extend the current Ignition Interlock Device pilot program created in 2010 in the California counties of Alameda, Los Angeles, Sacramento and Tulare for two more years. Then, beginning January 1, 2019, the IID program will be implemented statewide.

The ignition interlock device pilot program established by the Department of Motor Vehicles continues through July 1, 2017. It was established on July 1, 2010. The existing law governing the ignition interlock device program is “in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated …a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates.” [1]

California DUI Laws

In California, Vehicle Code §§ 14601.2, 23556, Vehicle Code §§13352(a) and 23575(f)(1) provides that “the court may require that a person convicted of a first DUI offense install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with BAC of 0.15 percent or more, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed 3 years from the date of conviction.” [2]

Ignition Interlock Device

What is an Ignition Interlock Device? According to California’s Department of Motor Vehicle website, an Ignition Interlock Device or IID as it is known is, “larger than a cell phone and is wired to your vehicle’s ignition.” It is easily installed in a vehicle and takes only a short period of time to install. It functions by requiring you to breathe into the machine prior to the engine starting. “If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.” [3]

A new bill, “SB-1046 Driving under the influence: ignition interlock device (2015-2016)” extends the pilot program for the device in the aforementioned counties through January 1, 2019. The amount of time the ignition interlock device is required to be installed in the vehicle(s) corresponds directly with the prior number of convictions.

SB-1046 states that beginning January 1, 2019, (and through January 1, 2026), someone with a suspended license as a result of driving under the influence that is “eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.” [1]

“This new law is a positive step forward to help slow the revolving door of unlicensed, uninsured drunk drivers who continue driving at the public’s peril,” said David Kelly, Executive Director of CIIM. [4]

California DUI Arrests

Looking for information on what to do if you arrested for a DUI? Read more about California DUI law here.

1.800.NoCuffs experienced DUI lawyer Michael Meehan shares his DUI advise here about the right to remain silent.

SOURCES
1. SB-1046 Driving under the influence: ignition interlock device.(2015-2016) Retrieved on Decembe 29, 2016 via http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1046.

2. Retrieved on December 29, 2016 via http://www.ncsl.org/research/transportation/state-ignition-interlock-laws.aspx.

3. DMV. State of California. Retrieved on December 29, 2016 via .

4. Coalition of Ignition Interlock Manufacturers. September 28, 2016. “California Governor Brown Signs Ignition Interlock Bill, Praised for Positive Step Forward to Curb Drunk Driving.” Retrieved via http://www.prnewswire.com/news-releases/california-governor-brown-signs-ignition-interlock-bill-praised-for-positive-step-forward-to-curb-drunk-driving-300336253.html.

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New Year’s Eve DUI Checkpoints in California

Posted by Staff on December 29, 2016

New Year’s Eve brings out the celebration, champagne, and the DUI checkpoints in California. If you want to avoid a DUI arrest, it will be best to plan ahead and designate a sober driver. However, even with the best-laid plans, and as we saw recently in California with the overly caffeinated driver being arrested for DUI, a very sober driver can be arrested for driving under the influence. [1,2] And as we have seen first hand at 1.800.NoCuffs, dolphins do get caught in the tuna net.

On the subject of DUI arrests, 1.800.NoCuffs Founding Attorney Darren Kavinoky says, “A DUI charge can potentially impact anyone who has taken anything that impacts them from the neck up, whether prescribed or not, legal or illegal.” Kavinoky adds, “The only question is whether the person who consumed the substance is able to drive with the caution characteristic of a sober person, under similar circumstances. An excessive amount of caffeine is a ridiculous example, but not shocking, especially if someone is hypersensitive to the impact of caffeine on their system.”

DUI Checkpoints New Year’s Eve 2017 in California

Current news articles about DUI checkpoints over the New Year’s Eve holiday (this article may be updated as news releases occur):

DUI Checkpoint in Santa Maria – Public News – Santa Barbara Edhat https://www.edhat.com/site/tidbit.cfm?nid=179351
Police to hold DUI checkpoint Friday in Vallejo http://www.timesheraldonline.com/general-news/20161228/police-to-hold-dui-checkpoint-friday-in-vallejo
Richmond police to conduct DUI checkpoint Friday
New Year’s DUI cops plan to be out in force in Sonoma County http://www.petaluma360.com/news/6484834-181/new-years-dui-cops-plan

There are general resources that try to provide current up to date information about locations of DUI Checkpoints in California. 1.800.NoCuffs has no affiliation whatsoever to these sites.

http://www.nixle.com/
http://patch.com/
https://www.facebook.com/California.DUI.Checkpoints

http://www.duiblock.com/dui_checkpoint_locations/california/

California DUI Arrests

Looking for information on what to do if you arrested for a DUI? Read more about California DUI law here.

1.800.NoCuffs experienced DUI lawyer Michael Meehan shares his DUI advise here about the right to remain silent.

Are DUI Checkpoints Legal?

While there are currently twelve states that do not conduct sobriety checkpoints because their state laws don’t allow for them, California does legally have the authority to conduct checkpoints with the goal of eradicating drunk driving. “The U.S. Supreme Court ruled in 1990 that states had a compelling interest in eradicating drunk driving, and that public safety concerns outweighed any concerns about ‘intrusion’ into drivers’ privacy. The challengers in the case had claimed that these checkpoints were unreasonable searches under the 4th Amendment, but the Court found them reasonable under the circumstances.” [3]

SOURCES
1. Aparminder DEO and John Torres, M.D. December 29, 2016. wrcbtv.com. Retrieved via http://www.wrcbtv.com/story/34148057/4-things-to-know-about-caffeine-the-surprising-substance-behind-a-california-mans-dui.

2. Staff. Fox News.com.

3. Retrieved on December 2, 2016 via http://dui.findlaw.com/dui-arrests/dui-checkpoints.html.

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California Rings In 2017 With New Criminal Laws

Posted by Nicole Hanratty on December 29, 2016

California has new criminal laws taking effect beginning January 1, 2017. From gun control to cell phone regulations and underage prostitution laws, new restrictions will be implemented when the 31st state admitted to the Union rings in the new year.

Three New Criminal Laws for 2017 in California

1. Powdered Alcohol. Assembly Bill No. 1554 regulates the sale of a little-known product, powdered alcohol, and creates a new criminal law. “This bill would prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the specified violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.” [1]

2. Sexual assault. Probation will no longer be an option in criminal cases of sexual assault wherein the victim was either unconscious or severely intoxicated. The new law AB2888 states that a victim can’t consent to have sex while unconscious, drugged, medicated, or intoxicated by alcohol. The bill “prohibit[s] a court from granting probation or suspending the execution or imposition of a sentence if a person is convicted of rape, sodomy, penetration with a foreign object, or oral copulation if the victim was either unconscious or incapable of giving consent due to intoxication.” [2]

3. Sex Crimes In a move that protects young people, anyone under the age of 18 will no longer be charged criminally for prostitution. Instead, children under the age of 18 will be treated as victims under new criminal law SB1322. The bill “authorizes the minor to be taken into temporary custody under limited circumstances.” The bill also states “(2) Notwithstanding paragraph (1), this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.”[3]

4. Hands-Free Cell Phone Use While Driving. With over 39 million residents in the state of California, cell phone mount sales will certainly see a spike with the new laws governing texting and driving. With the passage of AB1785, any motion on the phone other than a one finger swipe will be illegal starting January 1st. You will no longer be able to hold your phone in your hand while driving. Using the speaker phone function and voice commands are still allowed so long as the phone is not in your hand. Fines for first offense begin at twenty dollars ($20) and increase to fifty dollars ($50) for subsequent offenses. “(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.” [4]

California Cell Phone Laws and Restrictions

The law that will be enacted on January 1, 2017, also states:

23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger. [4]

SOURCES
1. AB-1554 Powdered alcohol.(2015-2016). Retrieved on December 28, 2016 via https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1554&search_keywords=powdered+alcohol.

2. AB-2888 Sex crimes: mandatory prison sentence.(2015-2016). Retrieved on December 28, 2016 via https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2888.

3. SB-1322 Commercial sex acts: minors.(2015-2016). Retrieved on December 28, 2016 via http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1322.

4. AB-1785 Vehicles: use of wireless electronic devices.(2015-2016). Retrieved on December 28, 2016 via http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785.

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