Vehicular Homicide

The California Legislature has passed laws that carry harsh punishments for drivers who are convicted of killing another person while driving under the influence of alcohol or drugs. Public sentiment is often strongly on the side of the legislature on the drunk driving issue. The movement to stop drunk driving has grown considerably over the past decade and the punishments for driving under the influence cases involving death have increased over that time period as well.

Punishments in these cases can be very severe. When a person dies in a drunk driving incident, the prosecutor will commonly charge the driver with second degree murder, manslaughter, or vehicular homicide. A skilled DUI / DWI defense attorney can often reach a suitable plea bargain with the prosecution or they can zealously defend the case at trial.

Vehicular homicide is a wobbler. This means it can be charged as a misdemeanor or a felony. Typically, vehicular homicide will be charged as a felony. The standard in a case for vehicular homicide is that the driver acted with ordinary negligence. A conviction for a felony vehicular homicide will carry severe penalties.

The penalty for a vehicular homicide conviction can mean a prison sentence of one year or more. If the driver has prior convictions for driving under the influence of alcohol or driving while intoxicated, he or she can be sentenced to 15 years to life in prison. A California lawyer skilled in drunk driving defense will attempt to have the charges reduced to a misdemeanor. This will significantly decrease the potential punishment.

Independent experts will investigate the underlying DUI charge. If the driver was not under the influence of alcohol, the prosecutor must drop some of the charges. The experts will investigate the driver’s blood alcohol content (BAC) at the time of the accident. Chemical tests are oftentimes conducted hours after an accident. Due to the delay in conducting the testing, there will be no conclusive evidence as to the driver’s BAC at the time of the accident. In fact, it could have increased between the time of the accident and the time of the blood test or breath test.

Independent investigation by the criminal defense attorney and his or her team of experts is extremely important when presenting a defense to charges of vehicular homicide. An attorney who focuses on drunk driving criminal defense will employ independent investigators to conduct forensic research and reconstruct the accident to uncover evidence that points to the defendant’s innocence. After all, the defense is up against both the police and prosecutors who have the resources to investigate every aspect of the incident to gather evidence against the driver.

Because the consequences are so severe in vehicular homicide cases, and because the effort of the prosecution may be relentless, it’s crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team can evaluate each case to determine the best possible defense strategy in order to minimize any potential punishments.

Riverside and San Bernardino counties DUI / DWI Arrests

A DUI / DWI arrest in Riverside or San Bernardino county carries extremely serious consequences – if convicted, you face a large fine, a lengthy driver’s license suspension, and even the possibility of spending time in jail. Fortunately, you have an opportunity to aggressively fight your Inland Empire DUI / DWI charge and completely avoid these repercussions. The skilled DWI/DUI lawyers of Riverside, CA and San Bernardino County of The Kavinoky Law Firm have the experience needed to effectively fight your Inland Empire drunk driving charge and create reasonable doubt in your guilt.

If you were arrested for DUI / DWI anywhere in Riverside or San Bernardino County, it’s critical to have an expert drunk driving lawyer to walk you through this confusing experience. A skilled Inland Empire DUI / DWI defense lawyer will assist you with every aspect of your drunk driving case, including obtaining your release on bail or on your own recognizance (OR) and requesting a hearing with the California DMV.

Requesting your DMV hearing in a timely manner is critically important in a California DUI / DWI case. If you fail to request a DMV hearing within 10 days of your arrest, your driver’s license will be automatically suspended. However, like your drunk driving criminal case, the administrative case brought against you by the California Department of Motor Vehicles can be aggressively defended.

An experienced Inland Empire DUI / DWI lawyer will also start planning an effective defense strategy to defend you in court. Your DUI attorney in Riverside, CA should aggressively challenge the result of your chemical test, your field sobriety test, and any observations by the arresting officer that point to your intoxication.

If you refused to take a chemical test to determine your blood alcohol content (BAC), face punishment from both the California DMV and the court. You’re required by law to submit to a breath or blood test after a lawful California DUI / DWI arrest, and refusal to do so will cause the DMV to suspend your driver’s license for an additional length of time. Also, the prosecutor will introduce your refusal as evidence of “consciousness of guilt.” However, it may be possible to have your refusal excused if convincing evidence of extenuating circumstances is presented. Some so-called “refusals” stem from something as simple as a medical condition or a misunderstanding..

Your future may hinge on the lawyer who handles your Inland Empire DUI / DWI case, so don’t entrust it to an amateur. The experienced Riverside and San Bernardino DUI / DWI lawyers of The Kavinoky Law Firm can answer all of your questions about your Inland Empire drunk driving arrest during a free consultation.

Alcohol Education Programs in Amador 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 Amador County, California:

Amador County DDP
(Service Provided: First Offender, 18 Month)
1001 Broadway,
Suite 106,
Jackson, California 95642
Phone: 510-569-9888; Fax: 209-223-3460

» 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 Madera 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 Madera County, California:

Kings View Community Services
(Service Provided: First Offender, 18 Month)
125 South D Street,
Suite 101,
Madera, California 93638
Phone: 559-673-8006; Fax: 559-673-0267

Kings View Community Services
(Service Provided: First Offender, 18 Month)
49774 Road 426,
Suite D,
Oakhurst, California 93644
Phone: 559-683-4809; Fax: 559-683-6499

» 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 Diego 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 Diego County, California:

East County ACCORD
(Service Provided: Service Provided: First Offender, 18 Month)
1136 Broadway,
Suite 10,
El Cajon, California 92021
Phone: 619-562-5850; Fax: 619-562-5685

MAAC DDP
(Service Provided: First Offender)
1355 Third Avenue,
Chula Vista, California 91911
Phone: 619-409-1780; Fax: 619-425-1812

SDSU Center on Substance Abuse DDP
(Service Provided: First Offender)
9245 Sky Park Ct.,
Suite 101,
San Diego, California 92123
Phone: 858-467-6810; Fax: 858-467-6822

Occupational Health Services, Inc.
(Service Provided: First Offender)
1637 Capalina Road,
San Marcos, California 92069
Phone: 760-744-9201; Fax: 760-744-8946

» 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 Trinity 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 Trinity County, California:

Cascade Circle, Inc.
(Service Provided: First Offender, 18 Month)
1 Loomis Lane,
Weaverville, California 96093
Phone: 530-222-8302

» 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 Calaveras

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.

Calaveras County Superior Court
Calaveras Government Center
891 Mountain Ranch Road, San Andreas, CA 95249

» Calaveras County Superior Cour 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 Mendocino

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.

Mendocino County Superior Court
100 North State Street, Ukiah, CA 95482-4416

Willits Branch
125 East Commercial Street, Willits, CA 95490

Ten Mile Branch, Fort Bragg
700 South Franklin Street, Fort Bragg, CA 95437-5464

» Mendocino 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 Sonoma

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.

Sonoma County Superior Court
Sonoma County Hall of Justice
600 Administration Drive, Santa Rosa, CA 95403

» Sonoma 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

California Criminal Defense Attorney – Examination of Defense Criminalist

In a California DUI criminal trial, the prosecutor will call numerous witnesses, including the arresting officer and a prosecution “expert.” This expert is usually an employee of the sheriff’s department who will interpret the defendant’s chemical test results, blood alcohol content (BAC), and field sobriety tests. A skilled drunk driving attorney from The Kavinoky Law Firm will call an independent defense expert to show that the driver’s chemical tests can be interpreted in an entirely different way.

The use of a qualified defense expert is of the utmost importance in drunk driving or driving under the influence of drugs (DUID) cases. Experts can discuss a multitude of subject, but their primary purpose in a drunk driving defense is to support the notion that there are other possible explanations for the prosecution’s evidence that the defendant was driving under the influence. Skilled defense experts testify about the scientific aspects of alcohol intoxication, and can knowledgeably rebut the prosecution expert’s theories and conclusions.

Direct examination of the defense’s expert is very similar to the direct examination of other witnesses. The DUI defense lawyer will ask the expert open-ended questions so that he or she can testify freely. The selection of the expert is critical to the success of this aspect of the defense. The expert should be knowledgeable in his or her field and able to explain technical and scientific information in a way the jury can understand and appreciate. Some defense experts were once prosecution toxicologists, which is a big help to the defense because the jury sees that the crimnalist has chosen to work on behalf of defendants.

Defense experts can sometimes produce studies and resources that the prosecution can’t access. Defense experts also help with the defense of DUI cases by preparing the defense attorney in his or her cross-examination of the prosecution’s criminalist.

A skilled defense expert will aggressively challenge many prosecution claims. One of the most import idea the expert can explain to the jury is the concept of rising blood alcohol content (BAC). Jurors are typically unaware that a driver’s BAC can continue to rise even after he or she quits drinking.

Since chemical tests are always administered after the motorist was behind the wheel, sometimes even an hour or two after driving, the driver’s BAC could easily be .08 percent at the police station, but that’s not illegal.

In a driving under the influence case, the only thing that matters is the motorist’s BAC at the time of driving, and that’s very hard to pinpoint using a test taken several hours later. The prosecution’s expert will testify that the driver must have been over the legal limit the entire time, and it’s up to the defense expert to refute that testimony.

A defense expert can also explain the inherent flaws in both breath and blood tests, such as what happens when fermentation takes place in an improperly stored blood sample, or how BAC readings can be inflated when breath machines are not properly calibrated.

A skilled defense expert will also use a driver’s performance on field sobriety tests to demonstrate that the accused driver was not under the influence while behind the wheel. The expert will use aspects of the driver’s performance on the test to show that he or she displayed no mental or physical impairment.

Mental and physical impairment is at the heart of every California DUI case. A knowledgeable expert will testify that mental impairment always occurs before physical impairment when a person is under the influence of alcohol. If there is no evidence of mental impairment, then any poor physical performance must have been caused by something other than intoxication. The expert will explain that there are many conditions that can cause physical impairment, including injury, illness, or fatigue.

Once the defense attorney has finished examining the expert, the prosecutor begins cross-examination. Just as the defense attorney does during cross-examination, the prosecutor will likely ask leading questions that are designed to draw only yes or no answers. Because this is the prosecution’s opportunity to testify, just as the defense attorney did while cross-examining the prosecution expert, it is essential that the expert is well prepared for trial.

The defense attorney and the expert typically meet one or more times before the DUI case goes to trial to review the expert’s opinions about the particular drunk driving case. They will discuss any weaknesses in the case and areas where the prosecutor is likely to attack the expert’s testimony. A skilled expert can anticipate these attacks by the prosecutor.

Because an experienced expert has testified in countless other trials, he or she thoroughly understands the issues involved in drunk driving cases. However, the prosecutor may occasionally score a point or two with the defense criminalist due to unavoidable flaws in the case. When that occurs, a good defense criminalist will testify in a way which allows the defense attorney to rehabilitate those points on re-direct examination.

A skilled driving under the influence defense expert is critical to the success of any drunk driving defense. A California lawyer who excels at defending DUI cases works with the most respected experts in the field, and will choose a defense expert who will have a strong impact on the jury and create reasonable doubt in the driver’s guilt.