Superior Court Of California, County of Tehama

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.

Tehama County Superior Court
633 Washington Street, Red Bluff, CA 96080-0278

Corning Courthouse
720 Hoag Street, Corning, CA 96021

» Tehama 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 selection is a crucial aspect of taking any California driving under the influence case to trial. A skilled DUI / DWI criminal defense attorney from The Kavinoky Law Firm has the experience needed to ensure that fair, impartial jurors are seated in every client’s case.

California criminal cases involve 12 jurors along with one or two alternates. In order to convict a defendant of drunk driving, the jurors must unanimously agree that the prosecutor has proved each element of the case beyond a reasonable doubt. If any reasonable doubt of the defendant’s guilt exists, the driver is entitled to a verdict of not guilty.

If the jurors cannot agree on a unanimous verdict, there will be a hung jury, and the case is dismissed. Even though it is not a “not guilty” verdict, a hung jury is still a win for the defense. The prosecutor may choose not to refile the case. Just one juror must be convinced of the weakness of the prosecution’s case to achieve a hung jury.

During jury selection, a pool of potential jurors is sent to the courtroom. The clerk of the court will the swear the panel in, meaning that the jurors will stand, raise their right hands, and take an oath to truthfully answer questions that the lawyers ask them about their ability and qualifications to serve as jurors. For speedy trial purposes, this is also when the trial begins.

The judge typically “time-qualifies” the potential jurors, which means he tells them what type of case it is, how long it is expected to last – DUI cases typically last from three to four days – and asks about conflicts that would prevent any juror from serving in a DUI / DWI trial.

At that point, a group of prospective jurors will be called at random and seated in the jury box. The judge typically asks each juror to answer a number of questions listed on a bulletin board at the front of the court, such as where they live, their occupations, whether they are married or have children, whether they have ever served on a jury before, and if so, what type of case it was, and whether the jury was able to reach a verdict.

The potential jurors are asked to fill out questionnaires that give the judge and attorneys an idea of whether a juror can be fair and impartial. The judge may ask each juror to answer the questions out loud, and to elaborate on any answers if necessary. If any answers suggest that the juror is biased or cannot be fair, that individual can be challenged “for cause.”

It isn’t easy to have a juror excused for cause, because even when the individual seems biased – he or she may have a relative who is a police officer or been struck by a drunk driver – the judge will usually ask the potential juror if he or she can put aside those feelings and be fair to both sides. If the juror indicates that’s possible, he or she will not be excused for cause, even if fair and impartial service seems impossible to observers.

Once the judge has had a chance to question the potential jurors, the lawyers for both sides are given an opportunity to speak to them. This is a critical aspect for the defense in a DUI / DWI jury trial, because it is the first opportunity for a defense lawyer to connect with the jurors and build a rapport with them. It’s crucial for a DUI defense attorney to make a good first impression and get the jurors to like him or her, which helps them to like the client.

There are typically strict time limits on how long the attorneys can ask the potential jurors questions, so it is important to take advantage of this time by planting some key issues in the jurors’ minds that can be elaborated upon in opening and closing statements.

Once both the defense and prosecution have questioned the potential jurors, the judge gives the lawyers the opportunity, outside the presence of the jurors, to make challenges for cause.

The judge will then ask each attorney whether wants to use any of their peremptory challenges. Each side takes turns, usually beginning with the prosecutor. In California, a criminal defense attorney gets only 10 peremptory challenges. Jury selection is complete when both attorneys accept the 12 people who are in the jury box, or when both sides run out of peremptory challenges.

A skilled California attorney with experience defending drunk driving cases knows how critically important jury selection is in a DUI / DWI case, and will use that knowledge to connect with jurors, introduce important issues, and make a good first impression on behalf of a client charged with drunk driving.

There is an abundance of circumstances that can lead to an arrest for a California DUI. Maybe you and your date shared a bottle of wine at dinner and in your excitement to get back to your house a police officer pulled you over for speeding and detected the smell of alcohol on your breath. Or maybe you had one too many at a friend’s wedding and got stopped by a police officer when you failed to come to a complete stop at an intersection. Or perhaps you hit a sobriety check point on the way from the beach over the holidays. The point is that a drunk driving arrest can happen to almost anyone at any time and if this happens it is a good idea to speak with a California DUI lawyer immediately.

But just because you were stopped in your car does not automatically mean that the stop was legal and that the evidence of alcohol in your blood or on your breaths admissible as evidence against you in a court of law. In the United States, police need specific legal reasons for pulling your car over and conducting a DUI investigation. If the police did not follow the law in stopping your car and during the ensuing driving under the influence investigation, then a qualified and experienced criminal defense lawyer should be able to get the evidence gathered against you during that stop and investigation suppressed. If your one of your California DUI lawyer can convince the judge to suppress the evidence, the prosecution will not be able to use the evidence against you. Without use of such evidence, the case is likely to be dismissed.

A lawful DUI investigation can be triggered by one of three events: Police observation of a law violation, police observation of a driving pattern so suggestive of driving under the influence of alcohol or drugs so as to provide a reasonable suspicion that a crime has taken place, or a lawful roadblock or checkpoint. If none of these conditions are present, any evidence gathered during the traffic stop likely will be suppressed.

Did you know that the National Highway Traffic Safety Administration does not recognize speeding as a drunk-driving pattern? Therefore, if a police officer offers the fact that you were speeding as his reason for instigating a drunk-driving investigation, skilled and experience California criminal defense lawyers may be able to convince the judge to suppress the evidence gathered in that investigation.

Today in California, the courts have ruled that police officers are allowed to stop a car based simply on a tip from an anonymous caller who believes that that the driver of the car is somehow under the influence. However, this does not mean the police do not need to conduct themselves within the law. If they carry out an investigation that is not warranted based on what they themselves observe, a California DUI attorney with experience and know how may convince a judge that the officer went beyond what the law allows and get the evidence suppressed.

A recent trend in the state’s efforts to curb drunk driving is the sobriety roadblock or checkpoint. While these are legal methods of stopping a driver, there are strict rules that the police must conform to when operating a drunk-driving roadblock or checkpoint. If any of these rules are violated, a good criminal defense attorney may be able to have the evidence obtained at the roadblock or checkpoint suppressed.

Generally a person facing drunk driving charges in California faces two different charges, one charge is for driving under the influence of alcohol and drugs and the second is for driving with a blood alcohol content (BAC) of .08 percent or higher. This second charge is known as a per se violation. The per se violation means that if your blood alcohol content was .08 percent or higher, and the traffic stop and DUI investigation were legal, then the charge will be considered per se (by operation of the law) that you were too drunk to drive.

When one fights a drunk driving defense case, the prosecutor does not have a simple job in getting a conviction. There are several hurdles a prosecutor must get over before a jury can find beyond a reasonable doubt that you were in fact drunk while you were driving. It is important to remember concerning the .08 percent per se law that the case is not about whether at some point in the evening your blood alcohol level was .08 percent or higher, but rather whether your blood alcohol level was .08 percent or higher when you were driving.

Oftentimes a chemical test will be taken sometime after you were driving, many times an hour or more later. A skilled and knowledgeable California DUI lawyer or defense attorney can cast doubt upon a case by showing a jury that there is reasonable doubt whether a driver’s blood alcohol level was in fact above the legal limit during the time the person was actually driving.

DUI prosecutions are generally driven by four different categories of evidence: Driving pattern, physical signs and symptoms, field sobriety test performance, and chemical test results. If there is an investigative failure in any one of these areas, the driving under the influence prosecution will be in serious trouble. The best way to fight a drunk-driving case is to consult with an experienced DUI attorney as soon as possible.

California DUI criminal defense lawyer Darren T. Kavinoky of The Kavinoky Law Firm has successfully defended hundreds of drunk driving defense cases by creating reasonable doubt in one or more of these critical areas of the prosecution. Contact Darren 24 hours a day, seven days a week for a free consultation..

The Rhomberg Balance Test is a non-standardized field sobriety tests used by police investigating drunk driving or driving under the influence of drugs (DUID) in California. Many drivers hope they will avoid an arrest by “passing” a field sobriety test, but that’s almost never the case. Field sobriety tests exist solely to create probable cause to make an arrest and generate evidence to support a drunk driving court case. A skilled DUI / DWI defense attorney from The Kavinoky Law Firm can effectively challenge a field sobriety test and other evidence in a drinking and driving case as part of an aggressive defense strategy.

The Rhomberg Balance Test is not a standardized test recognized by the National Highway Traffic Safety Administration (NHTSA), so it carries less weight in court than a standardized test.

Police administer the Rhomberg Balance Test by instructing the driver to stand with feet together, head tilted back, and eyes closed. The driver must estimate the passage of 30 seconds, tilt the head forward, open his or her eyes, and say “stop” when 30 seconds have elapsed.

Unfortunately, the Rhomberg Balance Test is almost always a no-win situation for the driver. If the driver overestimates the 30-second period by counting too slowly, the officer likely will conclude that the driver has been drinking. If the driver underestimates the passage of 30 seconds by counting too quickly, the officer may conclude that the driver has been using stimulants.

During the test, the officer also is testing the driver’s ability to follow instructions and watching for swaying and muscle tightening or tremors. The officer also will note any statements the driver makes as well as the pattern of speech.

It isn’t difficult to see how a driver can “fail” the Rhomberg Balance Test as the officer is using a watch to gauge the passage of 30 seconds, while the driver is standing next to a busy street or freeway with his or her eyes shut, and can only guess at how much time has passed.

Some drivers are physically unable to perform the Rhomberg Balance Test for reasons that are unrelated to alcohol use. For example, a driver with a neck or back injury may not be able to tilt his or her head back for 30 seconds. Although this inability to perform the test is caused by a genuine disability, police may regard it as an inability to follow test instructions.

To know how field sobriety tests’ reliance on physical ability is inherently unfair, it’s useful to understand how alcohol affects the human body. Alcohol intoxication causes both mental impairment and physical impairment, but mental impairment always comes first. Physical difficulties can be hidden in individuals with a high tolerance for alcohol, but mental impairment cannot be masked. Therefore, if a driver displays physical impairment but no evidence of mental impairment, the physical difficulties must stem from a source other than alcohol.

The bottom line is that the Rhomberg Balance Test and other field sobriety tests can be effectively challenged. An experienced California DUI / DWI criminal defense attorney will attack field sobriety tests and other evidence in a drunk driving prosecution as part of a proven defense strategy.

Being arrested for DUI in California can be especially stressful if the driver is from out of state. Accused drunk drivers from states outside California often worry how they will manage court appearances and other aspects of a CA driving under the influence case. However, a skilled defense attorney can handle many aspects of a California drinking and driving arrest and put the accused motorist’s mind at ease. The knowledgeable DUI defense lawyers of The Kavinoky Law Firm are experienced in handling drunk driving cases for motorists licensed outside of California.

The most critical issue for any driver arrested for DUI in California is to request a DMV hearing immediately. Many drivers are unaware that they have only 10 days after a drunk driving arrest to request a hearing with the California Department of Motor Vehicles or have their driving privileges suspended. Although the California DMV can’t seize a driver’s license issued in another state – it is the property of the state that issued it – it can and will suspend the driver’s privileges within California, and may notify the licensing state of the arrest through the Interstate Driver’s License Compact.

The Interstate Driver’s License Compact is an agreement among 45 states to share information about driving-related offenses. Each state that is party to the compact may suspend, restrict, or revoke the state license belonging to the driver. The five states that do not belong to the compact are Georgia, Michigan, Tennessee, Massachusetts, and Wisconsin.

How the driver’s home state reacts to notification of a California DUI arrest will depend on the state. California and other states have administrative systems to address driving under the influence cases through a DMV hearing or similar procedures. Other states may take action only if notified of a drunk driving conviction in criminal court. A few states won’t take any action at all.

For drivers who live in other states, defending a California DUI arrest can be a challenge. However, drivers facing misdemeanor charges likely won’t need to be present for many court appearances – a skilled defense lawyer can represent the driver in court.

In some California DUI cases, out-of-state drivers may want to consider a carefully negotiated plea bargain if available. When a plea agreement provides some consideration for the defendant in the form of a reduced charge and/or sentence, it can be the best possible option for an out-of-state driver, because it brings the drunk driving case to an end and eliminates the need for any future court appearances.

Many out-of-state drivers fear that a California driving under the influence arrest will create a terrible impact on their lives, but it’s possible to reduce or even eliminate the consequences of a DUI arrest. The knowledgeable drunk driving defense lawyers of The Kavinoky Law Firm fight hard to protect the rights of out-of-state drivers charged with drinking and driving offenses. Contact them today for a free consultation.

Criminalist testimony in a California driving under the influence of marijuana trial

A driving under the influence of marijuana case presents many challenges to both the prosecutor and criminal defense lawyer that a driving under the influence of alcohol case doesn’t. One of the reasons is because there is no chemical test that gives a “number” as to the level of impairment in a marijuana-related case like in an alcohol-related case. Another reason is that the effects of marijuana on driving aren’t as recognizable or as distinguishable as an alcohol-related DUI. Simply having the drug in one’s system (if evidenced by a blood or urine test) may encourage conservative jurors to incorrectly conclude that the accused must have been under its influence. These are just a few of the reasons why it is imperative that an individual accused of this offense hires an experienced California criminal defense lawyer who specializes in driving under the influence of drugs (DUID) who will know the most effective ways to offer and rebut this type of challenging evidence.

Criminalist testimony regarding driving impairment is vital to the prosecution because there is no “per se” drug test that indicates when an individual is under the influence. As a result, officer observations and criminalist testimony provides the bulk of the state’s case. The criminalist is typically a member of the local police department and, as such, is a member of the “prosecution team”. A good defense attorney will generally address this issue, pointing out the inherent bias that the criminalist therefore has. The criminalist will typically testify that the driving pattern, physical signs and symptoms and behavioral observations reported by the officer are consistent with the known effects of marijuana and that, based on his or her review of the report (never having met or studied the accused), he or she believes that the driver was under the influence of marijuana.

Criminalist testimony, when presented on behalf of the defense, typically addresses the fact that correlating positive marijuana results with a degree of impairment is subjective and makes it difficult to predict with any amount of certainty whether someone was impaired based on a chemical test. The defense’s criminalist will further point out the fact that the effects of marijuana will vary between individuals, influenced by such factors as one’s history of drug use, tolerance, health, an individual’s sensitivity to the drug, metabolism and a variety of other conditions. He or she will explain to the jury that marijuana can be detected in one’s system via a blood or urine test for days and even weeks after use, long after the effects of impairment wear off. Depending on the circumstances, he or she may even call into question the experience, training or observations that the officer made as they relate to marijuana use.

Clearly, criminalist testimony is important to both sides. Even more important is having a criminal attorney who knows and understands the science behind how marijuana affects and remains in one’s body so that he or she can effectively convey the criminalist’s testimony to the judge and jury in an articulate and uncomplicated manner. The exceptional California DUI attorneys at The Kavinoky Law Firm specialize in driving under the influence of drug cases as well as non-driving cases that involve marijuana, which provides their clients accused of driving under the influence of marijuana with unparalleled legal representation. With law offices located throughout the state, including several in and around the Los Angeles area, they are easily accessible for anyone in need of an outstanding defense. They have a variety of criminalist expert witnesses that they rely on, depending on the facts of the case, which allows them to present the most effective defense for each individual client. To learn more, contact The Kavinoky Firm today for a free consultation.

Alcohol Education Programs in Contra Costa 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 Contra Costa County, California:

Criminal Justice Services – Central
(Service Provided: 18 Month)
2020 North Broadway,
Suite 101,
Walnut Creek, California 94596
Phone: 925-646-6470; Fax: 925-646-6480

Criminal Justice Services – East
(Service Provided: 18 Month)
2400 Sycamore Drive,
Suite 36,
Antioch, California 94509
Phone: 925-427-8630

Alcohol & Drug Abuse Council Of Contra Costa Co., Inc.
(Service Provided: First Offender)
171 Mayhew Way,
Suite 101,
Pleasant Hill, California 94523
Phone: 925-932-8100; Fax: 925-932-8392

Future Solutions 560 Lennon Lane
(Service Provided: First Offender)
560 Lennon Lane,
Suite 200,
Walnut Creek, California 94598
Phone: 925-932-7791; Fax: 925-932-7793

Neighborhood House Of North Richmond
(Service Provided: First Offender)
207 37th Street,
Room 114,
Richmond, California 94805
Phone: 510-233-1044; Fax: 510-235-8633

East County DUI
(Service Provided: First Offender)
500 School Street,
Pittsburg, California 94565
Phone: 925-439-1332; Fax: 925-439-0322

Occupational Health Services, Inc.
(Service Provided: First Offender)
1070 Concord Avenue,
Suite 222,
Concord, California 94520
Phone: 925-798-8936; Fax: 925-798-1145

Occupational Health Services
(Service Provided: 18 Month)
6401 Stockton Avenue,
El Cerrito, California 94806
Phone: 925-798-8936; Fax: 925-798-1145

» 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 Merced 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 Merced County, California:

Drydock DDP
(Service Provided: First Offender, 18 Month)
1521 West Main Street,
Merced, California 95340
Phone: 209-383-7797; Fax: 209-383-7538

» 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 Mateo 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 Mateo County, California:

Pyramid Alternatives, Inc.
(Service Provided: First Offender, 18 Month)
480 Manor Plaza,
Pacifica, California 94044
Phone: 650-355-8787; Fax: 650-355-8780

YFA Archway
(Service Provided: First Offender)
609 Price Avenue,
Suite 201,
Redwood City, California 94063
Phone: 650-366-8433; Fax: 650-366-8455

Sitike Counseling Center
(Service Provided: First Offender)
306 Spruce Avenue,
South San Francisco, California 94080
Phone: 650-589-9305; Fax: 650-589-9330

Free at Last
(Service Provided: First Offender)
1796 Bay Road,
E. Palo Alto, California 94303
Phone: 650-462-6999; Fax: 650-462-1055

Occupational Health Services, Inc.
(Service Provided: First Offender)
533 Middlefield Road,
Redwood City, California 94063
Phone: 650-572-0300; Fax: 650-572-0274

» 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.

It is important for recreational boaters to understand that operating a vessel under the influence of alcohol or drugs is a serious crime. When a person is being investigated for boating under the influence, the investigators will use many of the same tests used in DUI / DWI investigations. These tests include chemical tests and field sobriety tests. Given that boating under the influence of alcohol is crime, a person accused of doing so should contact a California criminal defense attorney who has experience defending people accused of boating under the influence.

In California, the responsibility for enforcing the boating laws falls upon approximately 150 state and local agencies. Any officer of these agencies is authorized to investigate boaters who may be under the influence of alcohol or drugs. When an officer of one of those agencies has a reasonable belief that a boater is under the influence, the officer can require the person operating the boat to submit to a chemical test. The chemical test can be either a test of the boat operator’s blood, breath, or urine.

California drivers are subject to California’s implied consent law. The implied consent law requires a driver who has been arrested for drunk driving to submit to a chemical test. Refusal to submit to a chemical test will result in additional penalties. The prosecutor in the case may also present the refusal as evidence of consciousness of guilt. All of these rules apply to boating under the influence. Due to the similarities, a DUI / DWI attorney with the right experience is capable of defending BUI / BWI charges too.

Regarding the chemical tests, although an accused boater has a choice of a blood, breath or urine test, when the driver is suspected of being under the influence of drugs, the investigator will insist on a blood or urine test. That is because the breath test does not help in determining whether a person is under the influence of drugs.

An officer investigating a boating under the influence case may require the operator to perform a field sobriety test, such as the walk and turn test or the ABC test. Just as in a case for driving a car while intoxicated, the arresting police officer will be observing the boater’s behavior before, during, and after arrest and will make a written record of any such observations. This information will be used later to justify the arrest and to provide evidence for a court case.

Many BUI / BWI investigations are prompted by a person falling overboard, a collision, or another type of accident. In the event of an accident or a person falling overboard, especially one causing injury or death, investigators will interview witnesses and passengers in the boat and will take photographs, measurements, and other physical evidence.

The potential punishments for boating under the influence can be very harsh. It is critical to seek the help of a qualified criminal defense attorney. A California attorney experienced in defending BUI / BWI cases can advance an aggressive defense to the charges, and may keep any negative consequences to a minimum.