Category: Driving Under the Influence

California DUI | Los Angeles DUI Lawyer| California DUI Defense | No Cuffs

Settlement Negotiations

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In California, driving under the influence of alcohol is considered a serious crime. While harsh penalties such as jail time, fines, and license suspensions are common sentences for cases involving intoxicated and impaired drivers, the law does provide for alternatives.

These alternatives have been created by the legislature to try to help decrease recidivism and to keep the streets free of drunk drivers. With the assistance of a knowledgeable DUI / DWI lawyer, a driver may get the benefit of alternative punishments that may be more suitable to the driver’s particular case.

Sentencing alternatives are not intended to be a mere slap on the wrist. There are punitive elements involved in each of the sentences, but the sentencing alternatives are created to help people keep their jobs and get treatment for alcohol problems where appropriate, as well as allowing people to do some good for society through community service. Allowing a person to contribute to society with community service is more beneficial to the greater good than keeping the offender looked up in jail or on strict home-imprisonment.

California has been forging ahead in the use of the ignition interlock devices. Recent DUI legislation that became effective on September 20, 2005, makes it mandatory for a repeat offender to have the ignition interlock device installed in his or her car as part of the court’s sentence. Experienced California criminal defense attorneys are informed about ongoing developments in drunk driving law.

The ignition interlock device is linked to the car’s ignition. In order for a driver to start the vehicle, the driver must blow into the breathalyzer. If the breathalyzer registers acceptable breath alcohol content (BAC) levels, then the engine will start. If there are traces of alcohol, the car will not start.

This device is used to eliminate the problem of repeat offenders. A California attorney experienced at defending driving while intoxicated cases will be able to provide more information on the viability of this device as an alternative sentence.

Of primary importance to people arrested for driving under the influence of alcohol in California is that ignition interlock devices are a great bargaining chip for DUI / DWI lawyers. A qualified California DUI criminal defense lawyer will be able to use an ignition interlock device as a tool for negotiating a plea bargain with negotiated consequences when the facts allow for it.

The ignition interlock device is often a great way to allow repeat offenders to keep their jobs and to attend alcohol education classes. A DUI / DWI lawyer will negotiate with the prosecutor to allow the offender person to use the device in order to maintain a somewhat normal lifestyle, while avoiding the possibility of repeat offenses.

Judges have the discretion to order the installation of the ignition interlock device in the car of any drunk driving offender whether they are repeat offenders or first-time offenders. This means that any time a judge deems it appropriate, they may order the mandatory installation of the ignition interlock device. A California criminal defense attorney will make sure that the ignition interlock device is ordered when appropriate.

Bail in Domestic Violence cases

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BailBail in Domestic Violence cases

California domestic violence cases are different from other crimes when it comes to bail. With respect to most domestic abuse charges, the law forbids the defendant from being released on his or her own recognizance (commonly called OR) without first having a court hearing. At that bail hearing, the judge decides if OR release is appropriate. This is different from other classes of crimes where OR release is possible prior to a court appearance. Hiring an experienced criminal defense lawyer from The Kavinoky Law Firm is the first step towards freedom, as he or she will fight to get the client’s bail reduced or, if appropriate, to get a speedy bail hearing to hopefully get it eliminated entirely.

Bail is money that the court requires the defendant to pay in order to assure his or her court appearances. The amount of bail varies depending on the crime involved. A bail schedule sets forth the amount for bail for each type of crime. Of course, the judge has the authority to deviate from the schedule to make bail either higher or lower.

If there is a bail hearing, the judge will consider the defendant’s prior criminal history, his or her flight risk and the facts of the pending case. When the judge is making decisions about bail, he or she will presume that the accused is guilty and make a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring the best lawyer he or she can afford.

If the defendant is denied an OR release (which is typical when a defendant faces an intimate partner abuse charge) and must post bail, he or she may be released through two different methods: posting cash bail or posting a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the Clerk of the Court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bondsman is typically the best alternative to obtain pre-trial release, since many people do not have the financial resources to post cash bail. A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally require a “premium” which is his or her fee, and is set by law at 10% of the amount of the bond. The bondsman may also require “collateral” (which is usually a car, house or something else of great value) in order to secure the bond. That means that if the defendant doesn’t repay the bond, the bondman has the legal right to keep or sell the defendant’s collateral. The bondsman’s premium is non-refundable and is paid to the bond company for taking the risk that the defendant may not appear in court. Once the case is over, the bond is exonerated, and the collateral is then released. A bail bond is good for one year. If the court case goes beyond one year, an additional premium may be required to keep the bond in force.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the attorneys at The Kavinoky Law Firm for a free consultation.

Alcohol Education Programs in Calaveras County, California

Posted by Darren Kavinoky on

Alcohol Education Programs in Calaveras 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 Calaveras County, California:

Calaveras County Behavioral Health Services Department
(Service Provided: First Offender, 18 Month)
891 Mountain Ranch Road,
Dept. 61,
San Andreas, California 95249
Phone: 209-754-6555; Fax: 209-754-6559

» 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 Mariposa County, California

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Alcohol Education Programs in Mariposa 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 Mariposa County, California:

Mariposa County DDP
(Service Provided: First Offender, 18 Month)
5037 Stroming Road,
Mariposa, California 95338
Phone: 209-966-2000; Fax: 209-966-8251

» 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 San Joaquin County, California

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Alcohol Education Programs in San Joaquin 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 San Joaquin County, California:

Alcohol Recovery Center (ARC)
(Service Provided: First Offender, 18 Month)
620 N. Aurora Street,
Suite 6,
Stockton, California 95202
Phone: 209-468-8313; Fax: 209-468-8342

Valley Community Counseling Services, Inc.
(Service Provided: First Offender, 18 Month)
110 N. Sherman Avenue,
Manteca, California 95336
Phone: 209-823-1911; Fax: 209-823-1931

Valley Community Counseling Services, Inc.
(Service Provided: First Offender, 18 Month)
1300 West Lodi Avenue,
Suite G2,
Lodi, California 95242
Phone: 209-334-2126; Fax: 209-369-8406

Tracy Drinking Driver Program
(Service Provided: First Offender, 18 Month)
19 East 6th Street,
Tracy, California 95376
Phone: 209-835-8583; Fax: 209-835-2910

Council For The Spanish Speaking
(Service Provided: First Offender, 18 Month)
308 N. California Street,
Stockton, California 95202
Phone: 209-547-2855; Fax: 209-547-2870

San Joaquin Safety Council
(Service Provided: First Offender)
4662 Precissi Lane,
Suite 100,
Stockton, California 95207
Phone: 209-472-7233; Fax: 209-472-1340

» 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 Ventura County, California

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Alcohol Education Programs in Ventura 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 Ventura County, California:

Ventura County DDP
(Service Provided: First Offender, 18 Month)
702 County Square Drive,
Ventura, California 93003
Phone: 805-658-4250; Fax: 805-658-4208

Ventura County DDP – Oxnard Center
(Service Provided: First Offender, 18 Month)
2651 South C Street,
Oxnard, California 93030
Phone: 805-385-1889; Fax: 805-385-6365

Ventura County DDP – Simi Valley
(Service Provided: First Offender, 18 Month)
4322 Eileen Street,
Simi Valley, California 93063
Phone: 805-584-4883; Fax: 805-584-4880

Ventura County DDP – Conejo Valley DDP
(Service Provided: First Offender, 18 Month)
72 Moody Court,
Thousand Oaks, California 91360
Phone: 805-777-3506; Fax: 805-777-3515

» 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.

Superior Court Of California, County of Contra Costa

Posted by Brianna Wilkins on

Superior Court Of California, County of Contra Costa

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.

Contra Costa County Superior Court
725 Court Street, Martinez, CA 94553

Juvenile Hall Martinez
202 Glacier Drive, Martinez, CA 94553

Superior Court Concord – Traffic & Small Claims
2970 Willow Pass Road, Concord, CA 94519

Superior Court Pittsburg
45 Civic Avenue, Pittsburg, CA 94565

Superior Court Richmond
100 – 37th Street, Richmond, CA 94805

Superior Court Walnut Creek
640 Ygnacio Valley Road, Walnut Creek, CA 94596

» Contra Costa 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 Modoc

Posted by Brianna Wilkins on

Superior Court Of California, County of Modoc

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.

Modoc County Superior Court
205 South East Street, Alturas, CA 96101

» Modoc 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 Sutter

Posted by Brianna Wilkins on

Superior Court Of California, County of Sutter

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.

Sutter County Superior Court
446 2nd Street, Yuba City, CA 95991-5525

» Sutter 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

Jury Instructions

Posted by Brianna Wilkins on

Jury Instructions

In California drunk driving trials and all other criminal cases, jurors take an oath to follow the law. The law in each particular criminal case is given to jurors in the form of jury instructions. The judge usually reads the instructions aloud and also gives the jurors a copy. Whether the instructions are issued before attorneys’ closing arguments or just before the jury retires to deliberate depends on the preference of the judge.

In California, the instructions issued in criminal trials are from CALJIC, or California Jury Instructions, Criminal. In addition to the CALJIC instructions, the attorneys for both sides can submit their own proposed jury instructions tailored to the specific facts of their cases. A skilled California DUI / DWI lawyer from The Kavinoky Law Firm will submit instructions designed to advance the client’s case.

The judge and attorneys will discuss the proposed instructions outside the presence of the jury. The prosecutor typically seeks instructions that are objectionable to the defense, and vice-versa. Each side presents arguments in regard to the instructions, and the judge rules on the final version.

One very important jury instruction that skilled California DUI / DWI defense lawyers rely upon is CALJIC No. 224 on circumstantial evidence. It reads as follows:

Circumstantial Evidence: Sufficiency of Evidence
Before you may rely on circumstantial evidence to conclude that a fact necessary to find the defendant guilty has been proved, you must be convinced that the People have proved each fact essential to that conclusion beyond a reasonable doubt. Also, before you may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant is guilty. If you can draw two or more reasonable conclusions from the circumstantial evidence, and one of those reasonable conclusions points to innocence and another to guilt, you must accept the one that points to innocence. However, when considering circumstantial evidence, you must accept only reasonable conclusions and reject any that are unreasonable.

This instruction states that in cases supported by circumstantial evidence, the prosecution has the burden of proving each element of the case beyond a reasonable doubt, and if the circumstantial evidence points to more than one conclusion, the jury must accept the one that points to the defendant’s innocence.

This particular part of the jury instructions can be employed to cast doubt on every single item of circumstantial evidence in the prosecutor’s case. A knowledgeable California DUI / DWI defense lawyer will submit jury instructions designed to help the accused drunk driver advance his or her case and point jurors toward a verdict of not guilty.