Court Punishment: Fines

Drivers convicted of DUI / DWI face court penalties that include jail time, license restrictions, alcohol education classes, and fines. A California lawyer experienced in defending drunk driving cases can work to keep fines and other consequences to a minimum.

California has two factors that impact the fine amount paid by a defendant in a drunk driving case – “penalty enhancements,” and whether the crime is charged as a misdemeanor or a felony. Both penalty enhancements and a felony designation can add substantially to the amount the driver must pay.

California’s penalty enhancement increases fines nearly threefold. The penalty assessment is now 171 percent of the fine, meaning that on a $100 fine, the total payment is $271. The enhancement is applied to other traffic infractions and crimes in California, but because fines levied in drinking and driving cases are already relatively high, the total amount a defendant is charged can seem exorbitant.

Whether the offense is charged as a misdemeanor or a felony also has an impact on the amount of the fine. Most first- and second-time DUI / DWIs in California are charged as misdemeanors, unless there is an accident or an injury involved. Fourth-time DUIs, and those that involve injury to someone other than the driver are always charged as felonies.

For a misdemeanor drunk driving conviction, a driver will be ordered to pay a fine ranging from $390 to $1,000, plus penalty enhancements.

In a felony DUI case, the amount of the fine will depend on whether the driver is placed on probation. If probation is granted, fines range from $390 to $1,000. If probation is not granted, a judge can impose a fine of $390 to $5,000.

For drivers convicted of reckless driving who accept probation, a judge has the discretion to impose no fine, but can levy a payment of up to $1,000. If probation is not granted, fines range from $145 to $1,000.

Because fines levied in California DUI / DWI cases can be so punitive, it’s important to have experienced legal representation. An attorney who concentrates on drunk driving cases can minimize the consequences by launching an aggressive defense in each case.

Special License Plates for Convicted DUI / DWI Drivers

A drunk driving charge in California will result in two separate cases being filed against the alleged drunk driver even though it involves only one incident. A driver faces a California DMV case and a California criminal case. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. A qualified DUI / DWI lawyer can handle both aspects of the case. The Department of Motor Vehicles case relates mostly to the driver’s license itself.

In the criminal case the judge will have the discretion to punish the offender in ways that can help society and the offender who was guilty of driving while driving under the influence. A lawyer experienced in defending drunk driving cases can often achieve results for clients that allow the client to improve his or her life following what can be a traumatizing event. Sometimes meeting with people who have been affected by drunk driving has proven to be both beneficial to the offender and to the victims.

In California, a person convicted of driving under the influence of alcohol will commonly face jail time, fines, and driver’s license suspensions. These are not the only penalties or conditions of probation. Other methods are being employed across the states. These methods include ignition interlock devices and specially marked license plates. While the ignition interlock device is used in California, the special license plates are not.

The obvious reason for marked plates is for police officers and other drivers to be readily aware that there is a potential drunk driver on the road. While these license plates are not currently in use in California, legislators are always considering the option. California DUI / DWI attorneys keep themselves updated on legislative affairs in order to be prepared for any contingency.

The experiment with marked license plates has varied across the states. Iowa, Minnesota, and Ohio offer marked license plates that indicate that driving the car is off limits to a particular family member. The purpose of this law is to avoid the impoundment of the vehicle. This avoids unnecessary punishment of the remainder of the family who are allowed to drive the car.

Oregon and Washington launched a now defunct program of tagging license plates with striped registration stickers to demark drivers who have records of driving while intoxicated. This law has expired. Rates of repeat offenders dropped, but the states obviously didn’t find it to be particularly helpful in curbing DUI / DWI offenses.

California is yet to experiment with marked license plates of any sort. The legislature is always working on creative ways to stop people from driving under the influence of alcohol or drugs, so marked license plates should not be ruled out as future possibility. The Kavinoky Law Firm is always up to date on developing laws concerning driving under the influence offenses and lawyers are readily available for a free evaluation.

The Hand-pat Test is a field sobriety test used by law enforcement investigating suspected DUI / DWI drivers in California. Unfortunately, police don’t use the test to help them decide whether to make a drunk driving arrest, because that decision is made before the test even begins. Field sobriety tests such as the Hand-pat Test are merely tools used to create probable cause for an arrest and generate evidence for a DUI court case. However, field sobriety tests can be successfully challenged by a skilled attorney. An experienced DUI / DWI defense attorney from The Kavinoky Law Firm will attack field sobriety test results as part of an aggressive defense strategy.

When taking the Hand-pat Test, the driver is instructed to extend one hand palm up and place the other hand on top, facing palm down. The driver is then told to pat the bottom hand with the top hand, while alternating the top hand’s palm position – facing up or facing down between pats – and count out loud with each pat.

As the test progresses, the officer is watching for signs that the driver is intoxicated, including starting the test too soon, an inability to follow instructions, an inability to count as directed, an inability to pat the hands as directed, and ending the test before being told to do so.

However, the Hand-pat Test shouldn’t be called a test at all, because the driver is set up to fail. The Hand-pat Test is so subjective that it is not even standardized by the National Highway Safety Traffic Administration (NHSTA). The NHSTA doesn’t regard the Hand-pat Test as an accurate indicator of alcohol impairment, because it has no objective scoring system and relies solely on the officer’s opinion of whether the driver passed or failed.

A lawyer skilled in defending drunk driving cases will argue that a driver could have “failed” the Hand-pat Test for reasons that had nothing to do with alcohol intoxication, such as injury, illness, or a nervous-system disorder. The attorney can challenge the officer’s test instructions, or even argue that it wasn’t administered properly.

Even nervousness can cause a motorist to perform poorly on the Hand-pat Test. The test isn’t given under the best of conditions – the driver usually takes the test next to a busy freeway or roadway, with cars speeding past and the police cruiser’s lights flashing red and blue. Anyone would get rattled under those kinds of conditions.

Contrary to popular opinion, “failing” the Hand-pat Test or another field sobriety test doesn’t equal a slam-dunk conviction. Field sobriety test results can be interpreted in a number of ways. A skilled California DUI / DWI criminal defense attorney can challenge the results of a field sobriety test and craft a strategy to defend drunk driving charges.

Drivers under investigation for DUI / DWI in California are typically given a field sobriety test before being arrested. These physical agility exercises, which are usually given next to a busy freeway or on the street, aren’t tests in the traditional sense, because they’re designed to be failed. Their real purpose is to establish probable cause for a drunk driving arrest and to generate evidence for a court case. However, the skilled attorneys from The Kavinoky Law Firm can effectively challenge field sobriety tests and other evidence in a drunk driving case to create reasonable doubt of the driver’s guilt.

Field sobriety tests fall into two categories: Standardized and Non-standardized. The National Highway Transportation Safety Administration (NHSTA) has standardized three field sobriety tests – the Horizontal Gaze Nystagmus Test, the Walk-and-Turn Test, and the One-leg Stand Test. Because these three tests have been recognized by the NHSTA, they carry more weight in court than non-standardized tests, but a skilled attorney can successfully challenge the results of standardized field sobriety tests in court.

Field sobriety tests reputedly assess the mental and physical impairment caused by alcohol intoxication, but most of the so-called signs and symptoms of alcohol impairment can be traced to physical problems unrelated to alcohol use.

Alcohol causes both mental and physical impairment, but mental impairment always takes place before physical impairment occurs. Physical impairment can be masked by individuals with a high tolerance for alcohol, but mental impairment cannot be disguised. Therefore, if a driver suffers from physical difficulties but no mental impairment, the physical problems were caused by a source other than alcohol.

In order to return a DUI / DWI conviction, every juror must be convinced of the driver’s guilt beyond a reasonable doubt. A skilled attorney knows that the reliance of field sobriety tests on physical agility poses serious problems for prosecutors, and creates reasonable doubt in the minds of jurors.

There are many issues unrelated to alcohol use that can cause physical impairment, such as illness, injury, fatigue, or nervousness. An experienced DUI / DWI defense attorney from The Kavinoky Law Firm will take a complete medical history to determine whether causes other than alcohol may have contributed to any impairment, and use this information to challenge the results of a field sobriety test.

A DUI / DWI charge in California will result in two separate cases even though it involves only one incident. A driver faces a California DMV case and a criminal case. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. A qualified DUI / DWI lawyer can handle both aspects of the case.

In the criminal case the judge will have the discretion to punish the offender in ways that can help society and the offender who was guilty of driving while driving under the influence. An attorney experienced in defending drunk driving cases can often achieve results for clients that allow the client to improve his or her life following what can be a traumatizing event.

Common punishments for driving under the influence of alcohol in California are jail time, fines, and license suspensions. In some cases however, the courts and the legislature have come up with other ways to punish people convicted of DUI / DWI. These methods are known as alternative sentencing. They include community service, ignition interlock devices, electronic monitoring, and sober living environments.

A sober living environment is generally a place for someone who is coping with a drug or alcohol problem. If a person is a multiple offender and has not been able to benefit from other treatment, a sober living environment may be the right place. A person who stays at a sober living environment may be able to be credited for jail time. One day in sober living will be credited towards one day of a jail sentence. A California DUI / DWI attorney will fight to make arrangements for sober living if the situation warrants it.

Inside the sober living environment, people must participate in structured daily activities and chores. The people living in a particular sober environment are responsible for the place they live in and must abide by the rules. Alcohol addiction education and treatment will also be available in sober living environments. Sober living environments can help individuals with substance abuse address their problems among people struggling with the same issues. For many individuals, stays in sober living homes help to eventually solve a long-term problem with alcohol or drugs.

If a person is staying in a sober living environment, not only will days spent there be credited towards jail time, but the cost of living there will also be credited towards fines that the court may have imposed on the driver. The court has the discretion to make such arrangements. Typically a California criminal defense attorney will provide the judge with good reasons to allow the fines to be credited for money spent on sober living.

For some individuals, sober living environments a better and healthier alternative than jail or even house arrest. An experienced California DUI / DWI defense attorney can provide more information about the viability of sober living environments for their clients.

Experienced Los Angeles DUI Attorneys

It is important to hire a Los Angeles criminal defense lawyer when faced with a Los Angeles criminal charge. Not all criminal lawyers are the same. You want to make sure that you are given all the resources possible to resolve your criminal case with minimal repercussions. At the Kavinoky Law Firm, you not only get the knowledge and experience to win, you get an entire team working around the clock on your behalf.  Our main objective is to remove all the burdens off your shoulders. Let us handle the case, so you can sleep well at night.
There are many aspects and procedures that can be challenged to help get you off your criminal charge. We spare no expense to make sure we have uncovered all avenues of your Los Angeles criminal case.  We understand the impact of a criminal charge on your life and livelihood.

We focus on a plethora of Los Angeles criminal charges including:
Assault
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Big-Firm Resources, Small-Firm Feel

• The Kavinoky Law Firm has more than a dozen lawyers and a support staff of 25.

• We employ a team approach: Your defense strategy will be engineered by founding lawyer Darren Kavinoky, Senior Supervising Attorney Joel Koury, Northern California Managing Attorney Michael Meehan, and their handpicked team. The Kavinoky Law Firm has more than a century of combined legal experience, and over 500 completed jury trials.

• We are one of the largest law firms in California that concentrates on defending cases involving alcohol and drugs. This translates into greater resources for your defense.

• We employ a specialized Intranet Toolkit to ensure all of our attorneys effectively collaborate, share information, and work in concert.

• All of our attorneys use Blackberries or Droids. This means that you’ll receive an immediate response to your emails and phone calls and outstanding customer service.

• We have a network of attorneys throughout the United States for cases that involve issues that cross state lines, such as foreign prior convictions, or those involving out-of-state driver’s licenses that could be impacted by an action in California.

• We conduct frequent comprehensive case-evaluation roundtables, where a “mastermind” group of lawyers each review your case, and come up with the best approach that is designed to achieve the best possible result in your criminal case.

• We have an-house appellate department to address writs and appeals. We are willing and equipped to fight (and have successfully fought), significant legal issues all the way to the Supreme Court.

• We employ a team approach, which translates into more resources to come up with the winning strategy in your case.

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California Supreme Court Allows Traffic Stops Based on Uncorroborated Tips

In a setback for privacy and civil rights, the California Supreme Court has ruled that police can use anonymous tips to stop suspected drunk drivers even if the officer doesn’t spot any illegal activity. An attorney plans to appeal the ruling to the U.S. Supreme Court.

In a 4-3 decision, the court ruled that a California Highway Patrol officer acted properly when he pulled over a San Joaquin Valley woman after an anonymous caller said her van was weaving, even though the officer witnessed no signs of impairment. The woman later failed a field sobriety test and was arrested for heroin possession.

The ruling gives police in California the broadest powers in the nation to pull over suspected drunk drivers and other motorists based only on anonymous tips. In recent months, the state has posted signs urging motorists to report suspected DUI / DWI drivers to the CHP. Those signs, coupled with the high court’s decision, open the door for abuse by drivers involved in road rage or grudges unrelated to criminal activity.

Three justices opposed the ruling, saying police should not be allowed to stop motorists without witnessing illegal activity. “One of the hallmarks of the liberty guaranteed to persons in this country is that agents of the government cannot arrest, seize or detain them without a good reason,” Justice Kathryn Mickle Werdegar wrote for the minority.

The panel’s ruling comes on the heels of a string of high court decisions that erode the rights of criminal suspects across California and the nation. The California Supreme Court recently ruled that police can enter some DUI / DWI suspects’ homes without a warrant to administer chemical tests.

In addition, the U.S. Supreme Court has ruled that police can enter suspects’ homes without knocking if they have a valid search warrant. However, the justices also recently ruled that police cannot pat down a suspect for weapons based on an uncorroborated tip.

Defense attorneys decried the California Supreme Court’s ruling on anonymous tips as a setback for privacy and civil rights that may resonate for decades.

“Anyone can call in an anonymous tip for any reason,” said Darren T. Kavinoky, one of California’s top criminal defense attorneys. “This ruling essentially allows police to go on fishing expeditions in the vehicle of any driver unfortunate enough to be the target of an anonymous tipster.”

Despite the setback, motorists arrested for drunk driving or any other criminal offense involving an anonymous tip still have numerous options to launch an effective defense. An experienced California criminal defense attorney can challenge evidence on a number of fronts and dismantle a prosecutor’s case.

The top attorneys of the Kavinoky Law Firm are experienced in defending DUI / DWI cases and other criminal charges throughout California. The firm’s expert attorneys will develop an aggressive defense strategy to challenge charges of driving under the influence of drugs or alcohol, drug possession, or any other criminal offense.