Category: Driving Under the Influence

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Defenses to Driving Under the Influence of Marijuana

Driving under the influence of marijuana is a serious charge with serious consequences. The best way for an individual charged with this offense to avoid the harsh penalties that can be imposed in connection with this type of DUI is for him or her to hire a criminal defense lawyer who specializes in California driving under the influence of drugs (DUID) defense.

Defenses to driving under the influence of marijuana are numerous and include simple arguments, Constitutional right violations and scientific evidence. Because DUI law is technical and specific, only a qualified criminal attorney who has mastered this area of the law should attempt to employ these defenses.

Simple defense arguments may be raised when part of the investigation just doesn’t make sense. A savvy attorney knows that he or she can question the officer with respect to the accused driver’s driving pattern, as marijuana typically doesn’t yield any specific driving behavior. The attorney knows that he or she challenge the field sobriety tests (FSTs), as they were designed to test impairment related to alcohol, not drugs. The attorney knows that he or she can address the many innocent explanations for the signs and symptoms that are commonly associated with marijuana use (such as illness, fatigue and nerves) – explanations that the officer never even bothered to inquire about. The attorney also knows that he or she can cross-examine the prosecution’s drug recognition expert (DRE) about the fact that he hasn’t received any medical training even though he’s evaluating the suspect’s body.

Constitutional violations include anything that the officer did illegally with respect to the stop, detention, arrest and/or collection of evidence. If the officer didn’t have “reasonable suspicion” when he or she pulled the driver over, if the officer didn’t have “probable cause” to order the driver out of the car, if the driver wasn’t displaying signs of impairment, if the officer illegally searched the car or the driver or if the officer didn’t give the suspect the choice of a blood or urine test, these are the kinds of defenses that a skilled California DUID attorney will raise.

Scientific defenses are the most difficult to argue. It takes an attorney who truly understands the science behind chemical testing and how marijuana affects the body to effectively articulate these types of defenses to a judge and jury in a manner in which they, too, can understand and appreciate the arguments. Some scientific defenses include how the blood or urine sample was collected and stored, as there are very strict guidelines that regulate sample collection (especially with respect to blood) and what must be done with the sample one’s it’s been collected. The “chain of custody” also raises issues, because it must be guaranteed that there was no possibility that the sample analyzed belonged to someone other than the accused driver. Perhaps the most important scientific defense is that a chemical test indicating marijuana use is not necessarily indicative of impairment. The defendant’s lawyer must be able to explain (with the help of a criminalist) that marijuana can linger in the body for days and even weeks following use – a critical issue to raise in a driving under the influence of marijuana case where the only relevant issue is whether the accused was impaired at the time of driving.

It should be noted that although a medical marijuana defense may apply to possession or cultivation charges, it will not be a valid excuse in a DUID case. This is because D.U.I. law is unconcerned with whether or not the drug is legal or illegal, prescribed or over-the-counter and is only concerned with whether the driver was under its influence at the time of driving.

The outstanding attorneys at The Kavinoky Law Firm excel in defending California driving under the influence cases and in defending marijuana-related cases, providing the most comprehensive legal representation to their clients accused of driving under the influence of marijuana. For unsurpassed representation, contact them today for a free consultation.

Alcohol Education Programs in Del Norte County, California

Alcohol Education Programs in Del Norte County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Del Norte County, California:

Humboldt Addictions Services Program
(Service Provided: First Offender, 18 Month)
1079 4th Street,
Crescent City, California 95531
Phone: 707-464-7849; Fax: 707-465-6522

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Monterey County, California

Alcohol Education Programs in Monterey County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Monterey County, California:

Sun Street Centers
(Service Provided: First Offender, 18 Month)
11 Peach Drive,
Salinas, California 93901
Phone: 831-753-5140; Fax: 831-753-5163

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Santa Clara County, California

Alcohol Education Programs in Santa Clara County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Santa Clara County, California:

Alert Driving, Inc.
(Service Provided: First Offender, 18 Month)
1900 Camden Avenue,
Suite 205,
San Jose, California 95124
Phone: 408-879-7581; Fax: 408-879-7587

National Traffic Safety Institute
(Service Provided: First Offender, 18 Month)
275 North 4th Street,
2nd Floor,
San Jose, California 95112
Phone: 408-297-8566; Fax: 408-297-3541

Asian Americans for Community Involvement
(Service Provided: First Offender, 18 Month)
2400 Moorpark Avenue,
Suite 300,
San Jose, California 95128
Phone: 408-975-2730; Fax: 408-975-2745

Community Solutions
(Service Provided: First Offender, 18 Month)
6980 Chestnut Street,
Gilroy, California 95020
Phone: 408-842-7138; Fax: 408-842-0757

Proyecto Primavera DDP
(Service Provided: First Offender, 18 Month)
160 East Virginia Street,
Suite 266,
San Jose, California 95112
Phone: 408-977-1594

Occupational Health Services, Inc.
(Service Provided: First Offender, 18 Month)
465 Fairchild Drive,
Building B, Suite 210,
Mountain View, California 94043
Phone: 650-988-4825; Fax: 650-988-0175

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Flying Under the Influence

Flying an aircraft under the influence of alcohol or drugs (FUI / FWI) is a serious crime. This applies to both commercial and private airplanes. Flying under the influence of alcohol or drugs can be charged as a federal and/or state crime. Pilots who fly under the influence can be charged under federal and/or state law at the discretion of the prosecuting agencies.

The laws surrounding FUI / FWI are complex and challenging because pilots must follow both state law and the Federal Aviation Regulations, or FARS, governed by the Federal Aviation Administration. It is important for criminal defense attorneys who practice in FUI defense in California to be completely up-to-date with all the laws and regulations.

Crew members of civil aircraft are governed by the Federal Aviation Administration (FAA). The FAA rules state that no-one may serve as a crew member if he or she has consumed alcohol within eight hours of a flight. Furthermore, anyone with a BAC of .04 or greater or is under the influence of drugs or alcohol may not serve as a crew member. These over-inclusive rules indicate the seriousness with which the FAA looks upon flying under the influence. A person found violating these strict rules faces imprisonment, fines, and revocation of his or her pilot’s license.

Pilots of civil aircraft are subject to the Implied Consent Law. This means that any pilot who has been arrested on suspicion of flying under the influence of alcohol or drugs must submit to a chemical test or face large fines and license suspension or revocation.

Pilots also face possible licensing issues for DUI / DWI convictions. All convictions for drunk driving must be reported on a pilot’s first-class medical application as well as to the Civil Action Security Division that is located in Oklahoma City, Oklahoma. This notification must be made within 60 days of the driving under the influence conviction. The relevant agencies will look harshly upon such pilot DUI / DWI convictions.

The pilot must also report any actions taken by the state as a result of the DUI conviction, such as a driver’s license suspension because of the pilot’s refusal to submit to a chemical test. Further, if the pilot’s driver’s license is suspended through DMV proceedings, this must also be reported to the FAA Civil Action Security Division in Oklahoma City within 60 days of the suspension.

Any pilot who does not report either a DUI / DWI criminal conviction or a driver’s license suspension resulting from a drunk driving arrest risks additional sanctions. If the pilot’s driver’s license is suspended twice in a three-year period, the FAA can deny an application for a pilot’s license, or may simply move to revoke a current pilot’s license.

Pilots face serious consequences when they are caught flying under the influence or driving under the influence. To avoid drunk driving convictions, or to limit the effects of drunk driving or drunk flying convictions, a competent lawyer will be required. An attorney experienced in drunk driving defense and aviation law is the best person to call upon.

Superior Court Of California, County of Glenn

Superior Court Of California, County of Glenn

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Glenn County Superior Court
Willows Branch – Main Courthouse
526 West Sycamore Street, Willows, CA 95988

Orland Branch
821 E. South Street, Orland, CA 95963

» Glenn County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of Placer

Superior Court Of California, County of Placer

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Placer County Superior Court – Central Justice Center (CJC)
101 Maple Street, Auburn, CA 95603

Criminal Division
11532 B Avenue, Auburn, CA 95603

Superior Court – Roseville
300 Taylor Street, Roseville, CA 95678

Superior Court – Tahoe
2501 North Lake Blvd,. Tahoe City, CA 96145

» Placer County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of Tuolumne

Superior Court Of California, County of Tuolumne

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Tuolumne County Superior Court
Historic Courthouse
41 West Yaney Street, Sonora, CA 95370

Branch Courthouse
60 North Washington Street, Sonora, CA 95370

» Tuolumne County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Motion for Supplemental Discovery

Motion for Supplemental Discovery

The process of gaining access to the prosecution’s evidence, known as discovery, is a critical aspect of drunk driving defense. An experienced California DUI lawyer from The Kavinoky Law Firm will seek access to every piece of evidence that may help a motorist accused of driving under the influence fight the charges. This is accomplished by filing a pretrial motion for supplemental discovery.

Motion for supplemental discovery is based on the notion that the defendant is entitled to receive all the information that will be used by prosecutors in their attempt to convict. Discovery has many purposes in a court case – it is designed to promote truth, save the court’s time, and to prevent an ambush at trial.

Certain evidence is turned over to the defense without a motion for supplemental discovery. The evidence that is typically turned over to the defense without a motion might include the names and addresses of prosecution witnesses, any statements made by the defendant, relevant evidence seized or obtained as part of the investigation, exculpatory evidence, results of scientific tests, and any written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial, including experts.

California DUI lawyers experienced in driving while intoxicated cases will use a request known as a Brady motion to seek any information held by the prosecution that may benefit the defendant. For an example, the California DUI lawyer might ask the prosecution to provide calibration and maintenance records for the breath testing machine used during the driver’s arrest. Additionally, a discovery motion may be made to obtain a portion of blood or urine samples – known as a "split" – in order to have the samples independently tested by a forensic toxicologist.

Other motions might include requests to the court to impose sanctions because the prosecution failed to preserve favorable evidence. This type of request is called a Trombetta / Youngblood motion. Another discovery request, known as a Pitchess motion, is designed to obtain the personnel records of the law enforcement officer involved in the arrest.

Discovery begins informally when both sides present a list of requested materials. If either side fails to comply with the informal discovery process, then opposing counsel can engage in formal discovery.

Formal discovery is overseen by the court. If either side fails to comply with formal discovery, the court can order sanctions and other penalties. Formal discovery is always preceded by informal discovery, except in the case of Pitchess motions.

A motion for supplemental discovery can be an effective tool in the hands of the right California DUI lawyers or attorneys. A California DUI Attorney with a proven track record of fighting and winning DUI / DWI cases can determine where supplemental discovery will advance the client’s drunk driving defense case.

Finger-count Test

Drivers suspected of DUI / DWI in California often must take a field sobriety test such as the Finger-count Test during the traffic stop. Many drivers hope they’ll avoid arrest by “passing” a field sobriety test, but police don’t use the Finger-count Test to determine whether to make a driving under the influence arrest; that decision is typically made long before the field sobriety test is given. The test results merely create probable cause for an arrest and evidence for a drunk driving court case.

However, regardless of the results of a field sobriety test, it’s still possible to fight drunk driving charges and win. A skilled DUI / DWI attorney from The Kavinoky Law Firm can aggressively challenge the results of the Finger-count Test and demonstrate that the results could just as easily prove a driver was not impaired.

The Finger-count Test isn’t standardized by the National Highway Traffic Safety Administration (NHTSA), so it carries less evidentiary weight in court than a Standardized Field sobriety Test. It’s extremely subjective – it has no objective scoring system, and depends solely on the officer’s opinion of whether the driver “passed” or the test as performed.

Police officers administer the Finger-count Test, also called the Finger-tap Test by directing the driver to hold out one hand, palm up, and touch the tip of each finger to the tip of the thumb. The driver is told to count out loud after each tap, forward and backward, for three consecutive sets.

While administering the Finger-tap Test, the officer watches for certain signs that the driver is intoxicated, including starting the test too soon, an inability to count as directed, not following instructions, an inability to touch fingers as instructed, an inability to perform the correct number of sets, and stopping the test before told to do so.

The finger-count exercise shouldn’t even be called a test, because it’s nearly impossible to pass. The “symptoms” of intoxication that police look for are extremely subjective, meaning they can be interpreted in a number of ways. Fatigue, illness, injury or even nervousness can make the driver “fail” the Finger-count Test. Sometimes the test isn’t even conducted properly.

Because the Finger-tap Test and other Non-standardized Field Sobriety Tests are so subjective and inherently unfair, they can often be successfully challenged in court. A California DUI / DWI lawyer who is skilled in the art of cross-examination will question the officer skillfully and bring out details that work in the driver’s favor.

Drivers who feel they “failed” a field sobriety test like the Finger-tap Test often are reluctant to fight a drunk driving charge in court because they fear an automatic conviction. However, driving under the influence charges can be fought and won. Anyone arrested for drunk driving should contact a California lawyer skilled at defending suspected DUI / DWI drivers.