Category: News

Patterns of Excessive Force by Chicago PD Reported by Attorney General

Posted by Staff on January 13, 2017

After a 13 month review, CNN Reports that the US Attorney General Loretta Lynch announced reasonable cause to believe that the Chicago Police Department may be engaging in a pattern of excessive force after an in-depth probe.

At a press conference in Chicago this morning, Attorney General Loretta Lynch addressed the concerns of excessive force. “The Department of Justice has concluded that there is reasonable cause to believe that the Chicago Police Department engages in a pattern or practice of use of excessive force in violation of the Fourth Amendment to the Constitution,” says Lynch. She adds, “Our investigation found that this pattern or practice is in no small part the result of severely deficient training procedures and accountability systems.”

“Sadly, the notion that there’s been a breakdown in trust between law enforcement and the people they serve in so many communities, that headlines of ‘excessive force’ or similar violations have become commonplace,” says criminal defense lawyer Darren Kavinoky.

“This is a great step forward, but a drop in the bucket in terms of the national conversation about police abuses that has now been taking place for years. Law enforcement has a tough job to do – any job where the number one metric for success is coming home alive at the end of your shift – is a tough job. And there are many hardworking, dedicated law enforcement personnel who play by the rules and safeguard the rights that all of us have. But, just like any profession, some bad apples certainly spoil the bunch, and when it comes to the relationship that is required between police and those they serve, those breakdowns can prove fatal,” says Kavinoky.

Kavinoky adds, “I’ll choose cautious optimism, but with an emphasis on the word ‘cautious’.”

SOURCES
1. Jason Hanna and Madison Park. January 13, 2017. CNN.com “Chicago police use excessive force, DOJ finds.” Retrieved via http://www.cnn.com/2017/01/13/us/chicago-police-federal-investigation/index.html.

Fall in Federal Prison Population is Drop in Very Broken Bucket

Posted by Nicole Hanratty on January 12, 2017

The federal prison population has been on the rise in the United States since the Carter Administration. But a recent study released by PEW Research Center study shows that President Obama turned that trend downward.

John Gramlich’s report “Federal prison population fell during Obama’s term, reversing recent trend” shows that the biggest uptick in the federal prison population occurred during the Reagan years. [1]

Federal Prison

John Gramlich reports, “Obama has made criminal justice issues a focus of his presidency. Among other things, he has overseen a Justice Department initiative that emphasizes lighter sentences for those convicted of lower-level crimes and used his executive clemency power more frequently than any other modern chief executive.” [1]

Of the decrease, criminal defense lawyer and TV legal analyst Darren Kavinoky says, “As a criminal defense lawyer who represents people accused of crimes in both state and federal courts, the headline, the statistics, and many of Obama’s policies concerning the justice system are encouraging. That said, when you peel away a layer of the onion to look at the actual numbers, while they’re encouraging in terms of a directional signal, it’s really like a morbidly obese person weighing 800 lbs. who has lost 5 of them: it’s good news, but just a drop in a very broken bucket.”

Kavinoky adds, “The dramatic spike in federal criminal offenders really began its massive acceleration during the Reagan era, which brought us a war on drugs and ‘just say no’ notions that, with 20-20 hindsight, were catastrophic failures. The numbers continued to rise dramatically (through both Republican and Democrat presidencies) until we’ve now seen this slight reduction.”

Federal Prison

“Sadly,” comments Kavinoky, “so much of the criminal justice world, and especially the way we deal with crime fueled by drugs and addiction, is like rearranging the deck chairs on a ship called the Titanic. If your ship has struck an iceberg, you can rearrange those deck chairs into any configuration you like, but if you don’t deal with your iceberg problem, the ship is going down. Similarly, it seems to me that we’ve been asking ourselves the wrong questions when it comes to federal criminal offenders. Instead of wondering how to most effectively punish those convicted of a crime, perhaps we can reallocate some of that effort to addressing demand-side issues, and balancing justice with mercy to achieve long-term benefit for all of us.”

SOURCES
1. John Gramlich. January 5, 2017. PEW Research Center. “Federal prison population fell during Obama’s term, reversing recent trend.” http://www.pewresearch.org/fact-tank/2017/01/05/federal-prison-population-fell-during-obamas-term-reversing-recent-trend/.

Is a DUI a Felony? Criminal Defense Attorney Darren Kavinoky Answers

Posted by Staff on January 12, 2017

Is a DUI a felony? It’s a top question the legal team at 1.800.NoCuffs receives. Criminal defense lawyer and TV legal analyst Darren Kavinoky answers the question explaining that a DUI could be prosecuted as a felony or a misdemeanor.

Legal Answer by Attorney Darren Kavinoky
Under California DUI law, a drunk driving arrest could be prosecuted as a felony, or a misdemeanor, depending on the facts of the case, and the criminal history of the defendant.

Two quick definitions that are important for a full understanding of the issue:

A misdemeanor is any crime (including a DUI) for which the maximum possible punishment is one year in jail;
A felony is a crime that could be punished by a possible prison term of more than one year.

So, while it’s true that a misdemeanor is, by definition, a “lesser offense” than a felony, as anyone looking at any kind of jail term will tell you, even a day behind bars is something to take seriously.

Is a DUI a felony?

With that in mind, California DUI’s are generally misdemeanors, but can be made into felonies in one of three ways:

The defendant has three prior DUI (or wet-reckless) convictions, and it is now their fourth DUI arrest (or more) within a ten (10) year period, as calculated from arrest date to arrest date; OR
Regardless of whether there are prior convictions or not, someone other than the driver is injured as the result of the DUI, (and those injuries are more than trivial, generally ones that require medical help or treatment); OR
Regardless of the number of convictions, the defendant has suffered a prior felony DUI conviction; once that happens, the new DUI case is a felony, even if it isn’t a fourth offense and no one is injured.

Each of these categories raises dozens of separate issues and defenses that are the subject of other articles on our site. But the last category – suffering a prior felony DUI conviction – is especially tricky, and sadly I even know some lawyers that were unaware of this issue until it hurt their clients.

Here’s how this could play out: Let’s say that, hypothetically, eight years ago you were convicted of a first-offense felony DUI because you were involved in a one-car accident where your friend, a passenger was injured, say, requiring a few stitches as a result. Now, in your current case, you simply had the bad luck to pull into a sobriety checkpoint and give a breath test of .08.

Even though this new case would ordinarily be treated as a “plain vanilla” DUI case (albeit a second-offense, because it is within 10 years of the first), because in our hypothetical situation the prior conviction was a felony, the new case will also be a felony.

The other ways that DUI-related cases can be felonies are in those especially tragic situations where a death occurs. It may be possible to bring charges of gross vehicular manslaughter while intoxicated, or even murder, both of which are felonies (California Penal Code sections 191.5 and 187, respectively).

DUI laws in California and the sentencing related to DUI offenses are very complex. The unique facts of each case make it vital that you consult with a criminal defense attorney who knows the nuances and the vast array of the drinking and driving offenses, and possible sentencing and alternative sentencing opportunities that relate. We hope that this information is helpful, and invite you to call anytime if you have further questions. We can be reached 24/7/365 at our toll-free phone number 1-800-NoCuffs.

Innocent Victim Jailed for Months in Hoax Finally Released

Posted by Staff on January 10, 2017

In Southern California Michelle Hadley, age 30, has been released from jail and identified as an innocent victim after being held on charges that included, “harassing, stalking, pretending to be the wife of her ex-fiance, and responding to online ‘rape fantasy” ads.” She spent months in jail and the charges she faced came with a potential sentence of life in prison. District Attorney Tony Rackauckas made an announcement today that Hadley was the victim of a hoax, has been released from jail, and has been fully exonerated. [1]

Innocent Victim

“Sadly, this case illustrates the potential for systemic flaws in the criminal justice system to victimize people who are factually innocent and are deserving of our protection. Here, it proved to be the ultimate betrayal that the crime victim spent months behind bars, while those responsible for safeguarding her interests were busy prosecuting her,” says criminal defense lawyer and TV legal analyst Darren Kavinoky.

“Although The Innocence Project, headed by famed O.J. Simpson defense lawyer Barry Scheck may be the best known of those who do battle on behalf of the wrongfully convicted, the National Registry of Exonerations (a project of the University of California Irvine Newkirk Center for Science & Society, the University of Michigan Law School and the Michigan State University College of law) is the most comprehensive look at those who have been let down by the criminal justice system. As indicated by the National Registry, as of this writing, there have been nearly 2,000 exonerations from over 10,000 wrongfully-served prison years (to say nothing of those innocent people who have been erroneously executed).”

Kavinoky adds, “Whether it’s the result of faulty eyewitness identification, false confessions, law enforcement mishandling, or any other reason unless confidence can be restored to the criminal justice system, we lose twice: not only is the wrong person punished, but the real wrongdoer remains free to commit other crimes.”

In this case, the alleged real wrongdoer Angela Diaz was arrested and booked January 9, 2017. Diaz is now accused of framing the innocent victim in this case Michelle Hadley,

SOURCES
1. January 10, 2017. Tribune Media Wire. “Woman jailed for months in ‘rape fantasy’ hoax was actually a victim, DA says.” Retrieved via http://myfox8.com/2017/01/10/woman-jailed-for-months-in-rape-fantasy-hoax-was-actually-the-victim-da-says/.

Criminal Attorney and Celebrity Media Analyst Darren Kavinoky

Jury Announces Death Penalty Verdict For Dylann Roof

Posted by Staff on January 10, 2017

The criminal case against Dylann Roof has concluded with a death penalty sentence. Roof represented himself in the case wherein Roof was found guilty of killing multiple parishioners of the Charleston, South Carolina church.

Dylann Roof’s fate was announced today by a jury that sentenced him to the death penalty for killing 9 black church members in a case that shocked the nation. Roof exercised his right to represent himself. He called no witnesses in the sentencing phase of his case. The purpose of calling witnesses on behalf of the defense in the sentencing phase of a trial is to plead for a lesser punishment. In the case where the death penalty is in play, calling witnesses could have helped to spare his life.

Dylann Roof Death Penalty Verdict Review by Attorney Darren Kavinoky

It’s important for people to understand that in death penalty cases – whether they are in state court or federal court – are broken into two separate phases: the guilt phase, where prosecutors have the burden to prove the defendant’s guilt beyond a reasonable doubt, and, assuming criminal prosecutors meet that burden with a unanimous jury verdict of guilt, the penalty phase. During the penalty phase, jurors weigh factors of aggravation, and compare them to factors of mitigation, to determine the appropriate punishment. The only two choices are life in prison without the possibility of parole or the death penalty. Just like with the guilt phase, the penalty phase requires unanimous agreement by all jurors to impose the ultimate punishment; if even one juror votes for life in prison, the criminal defendant is spared the death penalty.

In this case, the evidence of guilt was so overwhelming – video tape evidence, eyewitness testimony, Roof’s own confession – that this is an outcome that is unlikely to surprise anyone. It’s been widely reported that Roof was willing to plead guilty and spare prosecutors and victim’s alike the expense, risk, and emotional pain of a trial. However, since the prosecution team refused to take death off of the table, the defense had no choice but to proceed to a jury trial. Since Roof called no witnesses at trial and presented no evidence, a guilty verdict was a foregone conclusion. The only goal of the defense lawyers was to save Roof’s life by seeking a sentence of LWOP (life without the possibility of parole). This goal was apparently not shared by their client, whose only “argument” was a somewhat rambling five-minute speech where he vaguely suggested that jurors could spare him, but that he “wasn’t sure what good that will do anyway.” Jurors apparently agreed that it wouldn’t, and took about three hours to return their verdict of death.

This case illustrates the tension between a defendant’s rights and a lawyer’s obligations. As a practicing criminal defense lawyer for over two decades, I’ve experienced firsthand situations where the accused insisted on taking actions that were directly contrary to the advice of counsel, with devastating results. Just like it may be possible for someone to remove their own appendix doesn’t make it a good idea; likewise, trying to navigate the criminal justice system without legal training is a fool’s errand.

Even though it’s unlikely many will be shedding tears for Roof, given the heinous nature of these hate crimes, and the total lack of remorse (or even understanding) of the carnage he has wrought, there’s another question that we, collectively, need to answer as a society, and that is how we address the “worst of the worst” criminal offenders. It has always seemed like a fundamental misalignment to illustrate how wrong killing is by taking a life (even if it is the life of the criminal defendant), but I have the luxury of pecking on a computer keyboard rather than living the horror Roof imposed on so many. There’s a good reason the robed figure of Lady Justice is blindfolded, and Roof will now have time to contemplate that before she exacts her ultimate punishment.

Death Penalty Public Opinion

According to Pew Research Center, a majority of Americans support the death penalty. Read more about the death penalty and criminal justice in America here.

Timeline of Dylann Roof Crimes

SOURCES
1. The Associated Press. January 10, 2017. Bloomberg. “Dylann Roof Sentenced to Death for Killing 9 Black Church Members.” Retrieved via https://www.bloomberg.com/news/articles/2017-01-10/ap-newsalert-dylann-roof-sentenced-to-death-for-killing-9-black-church-members-1st-to-get-death-penalty-for-federal-hate.

2. David Masci. November 14, 2016. Pew Research Center. “5 facts about the death penalty.” Retrieved via
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DUI Case Dismissed: A Case Study From DUI Arrest To Acquittal

Posted by Staff on January 10, 2017

“DUI Case Dismissed.” [Insert gavel sound.] That’s a judgment many people think is impossible to obtain. Most people assume that if you are arrested on charges of DUI it is an automatic conviction. But in reality, there are dozens of ways to apply the law, prove innocence, or argue mitigating factors that appropriately reduce charges, fines, or potential sentencing. At 1.800.NoCuffs, we’ve seen everything from false arrests to faulty junk science that leads to false BAC readings. We realize that some people who are arrested for DUI can benefit from addiction recovery services and we happily provide referrals to treatment centers like Luminance. We also know that there are times when dolphins get caught in the tuna net. Below is an actual 1.800.NoCuffs client result.

DUI Case Dismissed Example

Don’t believe your DUI charge can be dismissed? Consider this alleged weaving case that led to a DUI arrest. Recently a case came through 1.800.NoCuffs in which a client was stopped on suspicion of DUI after being followed by a police officer for only 5 seconds. (This fact was not in dispute.) The officer pulled the client over for weaving. In that five seconds, the driver could have been looking to change lanes, drinking a sip of water, or swerving to avoid a pothole. There are certain requirements that have to be met by the arresting officer which were not met in this case. With ease, the 1.800.NoCuffs attorney obtained a set aside in court, (meaning the client won the case and was not convicted of DUI).

Why was the client’s DUI case dismissed?
The client’s BAC evidence was obtained illegally because 5 seconds is not enough time to follow someone to create probable cause to pull them over. Explains 1.800.NoCuffs criminal defense attorney Darren Kavinoky, “There’s a three prong test for weaving. It’s got to be:

1. distinct or pronounced weaving
2. viewed over a substantial period of time
3. by a trained officer.

Those are the three different prongs. If any one of the prongs is missing then the evidence is capable of being suppressed. Any evidence that follows a stop that doesn’t satisfy that three prong test is fruit of the poisonous tree. It has to be suppressed and it can’t be used against a person. Any evidence that is derived from the poisoned evidence has to be thrown out. So in the case of a bad stop, if somebody’s pulled over for weaving, but it was a bad stop, all of the officer’s observations, all of the statements of the defendant, and all of the chemical test results have to be thrown out. So what are they left with? Nothing. Case dismissed.”

How to clear DUI record of a DUI Arrest

Next, we ask celebrity attorney Darren Kavinoky what happens when someone who is found not guilty of DUI, wins a set aside in court, or charges are dropped altogether. How do they clear their name? What are the advantages and limitations of an expungement? Read about how to clear DUI record and DMV record here.

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1800NoCuffs California Legal Guide Free eBook

How To Clear DUI Record After DUI Case Is Dismissed Or Expunged

Posted by Staff on January 10, 2017

Wondering how to clear DUI record after your DUI case is dismissed or expunged? After you win your case, what happens when someone is found not guilty of DUI, wins a set aside in court, or DUI charges are dropped altogether? How do they clear their arrest record? What effect does an expungement have?

If you’ve been arrested for DUI, every detail of your arrest, including your mugshot, are instantly made public. The world of social media and online publishing of mugshots makes it especially challenging today for the innocent to clear their records of false arrest or post-DUI arrest in particular. It’s tantamount to trying to put the genie back in the bottle. Even if you are cleared of the crime, your clean record may still pay a price. [Read a recent 1.800.NoCuffs actual client DUI Case Dismissed result here.]

How to clear your record of a DUI Arrest

We asked celebrity criminal defense attorney and founder of 1.800.NoCuffs Darren Kavinoky what happens when someone who is found not guilty of DUI, wins a set aside in court, or charges are dropped altogether. How do they clear their name? Do they still have to check yes in the “have you ever been arrested” box? What happens at the DMV with your driving record? What is an expungement? Can you send a cease and desist claim to a news outlet or website demanding they remove your “mug” shot?

[Download the 1.800.NoCuffs California Legal Guide Free eBook here.]

Q&A With Darren Kavinoky

QUESTION: In a DUI case, is a set aside a win?

DARREN: “In the world of the DMV, a set aside means we win in a DUI case. In the world of the court, we would take the same bad stock fruit of the poisonous tree and that would be the grounds or the basis for a motion to suppress evidence under Penal Code Section 1538.5.”

QUESTION: Then is your record cleared if the DUI case is dismissed? Or does it sit on your record?

DARREN: “Yes, it actually shows up that you were arrested unless you get a finding of factual innocence under Penal Code Section 851.8. Once somebody is arrested unless that is deemed to be a detention only or there is some other relief that is granted such as under Penal Code Section 851.8, it’s forever on your record. Most people assume that if you’re arrested but not convicted, you’re cool. The truth is that if you’re arrested and not convicted and you don’t take some affirmative steps to clean that up, then in some cases it will show up. For instance, if you’re in a position that requires a security clearance or the department of real estate is doing a background check because you want to be a broker or whatever job you’re looking to get, any of those kinds of circumstances, it will show up.”

QUESTION: Do you have to report “Yes, I’ve been arrested” on those applications? Is this different than an expungement?

DARREN: “Correct. An expungement would show that the conviction has been withdrawn and a judgment of not guilty entered and the complaint against you dismissed. As a matter of fact, on an expungement, typically you can truthfully check the box “No” on the “Have you been arrested” question after the expungement. There are exceptions to that and they are outlined in Penal Code Section 1203.4 themselves. The exceptions are if you are applying for state licensure, the conviction that was expunged would still have to be disclosed. If you are applying for a job as a peace officer, it still has to be disclosed. If you’re entering into a contract with the California State Lottery Commission it has to be disclosed. Look at Penal Code Section 1203.4 and it gives you these exceptions.”

QUESTION: Does it stay a point on your record with the DMV?

DARREN: “No. You do not get points on the DMV unless you are convicted of something. But if you are convicted of a DUI and then you get it expunged, the expungement does not erase the points. The points will stay on your record.”

QUESTION: Does an expungement clear your record forever?

DARREN: “Even if you expunge a DUI, DUI’s remember are priorable for a period of 10 (ten) years, so let’s say you get arrested for DUI and you are placed on probation for 3 (three) years, and then you get it successfully expunged. Two more years go by and you get arrested for DUI again. That expunged DUI will be revived legally, and your new DUI arrest will be your 2nd offense. So an expungement isn’t a permanent eraser but is hugely important primarily for people who are in a licensed profession. Their license can get horribly mangled or they will be professionally disciplined based on the arrest and the conviction.”

QUESTION: Today there are dozens of websites where mugshots and arrest records with the date of birth and other personal details are made public nearly instantly. Do you have a recourse if you are found innocent? Can you get your mugshot deleted?

DARREN: “You can under Penal Code 851.8, it is a finding of factual innocence, which will result in the sealing and destruction of all records relating to your arrest. If you get the relief under 851.8, it’s as if the arrest never occurred and everybody has to update their records. The law enforcement agency actually has to shred your reports, your booking photo goes away, it is gone. Now if somebody has put that out on the internet, and you’ve got this court order, I would feel comfortable as a lawyer enforcing that court order and telling that person, “Hey website owner, you better take this down or you’re going to be in violation of this lawful court order and get ready to be sued.”

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theft, fraud, robbery, crime, criminal law

Arrests in Kardashian Robbery May Reveal Crime Secrets, Says Kavinoky

Posted by Staff on January 9, 2017

“Now that 17 people have been arrested in connection with the Kim Kardashian West robbery in France, I suspect it will be a relatively short time before we start hearing details of the crime from the criminals accused themselves,” says criminal defense attorney Darren Kavinoky. The reported robbery attempt occurred in October of 2016 in Paris, France during Fashion Week. According to The New York Times, Agnès Thibault-Lecuivre, a spokeswoman for the Paris prosecutor’s office “said that investigators had identified some of the assailants using DNA found at the crime scene and security camera footage.” [1]

Known for his on-air quips and expert legal “misbehavior” analysis, Kavinoky muses, “As one of my greatest mentors taught me, when it comes to multiple defendants in a criminal prosecution, there are only two kinds of secrets: those that aren’t good enough to keep, and those that are too good to keep! It’s a common scenario for prosecutors to cut a deal with smaller players in order to get witnesses to testify against the primary wrongdoers.”

“This case also illustrates that laws differ not only from country to country, but from state to state and even courthouse to courthouse,” Kavinoky adds. “For example, it’s been widely reported that those arrested are being held for four days while they are being questioned. That would potentially offend the rights that criminal defendants have to be speedily arraigned, or brought to court to learn the charges against them and be provided with the basis for those charges.

Kavinoky further comments, “It also demonstrates something I can’t seem to remind people of often enough: the right to remain silent only helps those who choose to exercise it. Trying to talk your way out of trouble often serves to do just the opposite. Or even at its best, it now becomes a swearing contest as to whose version to believe: the officer’s, or the defendant’s. Best to avoid this problem entirely by keeping your mouth shut, except to ask for your lawyer.”

SOURCES
1. Aurelien Breeden. The New York Times. January 9, 2017. “17 Arrested in Kim Kardashian West Robbery Inquiry in France.” Retrieved via http://nyti.ms/2jkITXW.

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drone laws, crime scene, criminal court case, federal case

Your New Drone May Cost You Thousands in Fines: FAA Drone Laws

Posted by Nicole Hanratty on January 9, 2017

If you are one of the hundreds of thousands of new drone owners, (600,000 private drones were registered last year), your new drone may cost you thousands in fines if you don’t educate yourself on the FAA’s drone laws. The penalty for failing to register an unmanned aircraft alone is steep. According to the FAA, “Failure to register an unmanned aircraft may result in regulatory and criminal penalties.” While the FAA’s website says that every case is handled differently considering the circumstances, it also warns that the FAA may assess “civil penalties up to $27,500.” That’s a number that should get the attention of new drone owners. But that’s not all, if you are found liable for criminal penalties, you can face, “fines of up to $250,000 and/or imprisonment for up to three years.” [1]

Drones may seem like a cool birthday gift or something fun to play with on Christmas day, but without proper training, it can land its pilot in hot water. The Consumer Technology Association reports that 9% of holiday shoppers planned on purchasing a drone in 2016. [5] What are the dangers a drone pose? It can fly too high and interfere with commercial aircraft by getting caught in the engine. It can fly over an active crime or fire area and interfere with helicopters working to put out a fire or police department following a high-speed chase from the air. A drone can injure people or property if it falls out of the sky. And, it can violate the privacy of others, especially if it is flown over private property. All of these situations can lead to criminal and civil charges being filed.

If you use your drone for commercial use or non-recreational use, the FAA issued new rules as of August, 2016, making it easier to begin operating a drone for business purposes. Operators must follow outlined FAA regulations but only need to apply for the previously mandatory commercial exemption waiver if their flight plan does not meet the outlined FAA restrictions. “Before [August 29, 2016], people needed a pilot’s license to fly a commercial drone. Under the new rules, people over age 16 can take an aeronautical knowledge test at an FAA-approved facility and pass a background check to qualify for a remote pilot certificate.” [6] The FAA website specifically states that to “fly for work,” the pilot must have a Remote Pilot Airman Certificate, be 16 years of age, and pass TSA vetting. The drone and any package it may be carrying, must be under 55 pounds in weight and only flight in Class 6 airspace. Several other operating rules apply, for instance, the drone must not fly over people or fly from a moving vehicle.

Not sure if you are flying for fun or if your flight is considered commercial? Visit the FAQ section of faa.gov to read more.

With drone sales expected to explode in 2017, new drone pilots may face thousands in fines if they violate federal laws. And these laws are subject to change as the use of drones evolves. In fact, a bill to ban flying over someone else’s property is currently up for consideration in the Washington’s State Legislature. [2]

Privacy, property rights, federal law aviation concerns, and safety concerns are all taken into account in the creation of laws surrounding flying drones in the United States. The first stop for every new drone pilot is the FAA (Federal Aviation Administration) where UAS (Unmanned Aircraft Systems) must be registered. (You can follow the latest UAS news here.)

FAA Drone Registration

How many people in the United States have filed a regitration of their drone with the FAA? This interactive graph highlights states where drones are most popular.

Per the FAA, “You need to register your aircraft if it weighs between 0.55 lbs. (250 grams) and up to 55 lbs. (25 kg) You will be subject to civil and criminal penalties if you meet the criteria to register an unmanned aircraft and do not register.” [3]

Drone Laws and Criminal Charges

Here are a few recent articles about drone laws and cases where drone pilots faced or potentially face criminal charges:

1. Criminal charges filed against two LA drone pilots http://www.itworld.com/article/3024955/criminal-charges-filed-against-two-la-drone-pilots.html

2. Women struck by drone at wedding sues groom http://www.wkbw.com/news/national/women-struck-by-drone-at-wedding-sues-groom

3. How some drone companies are creating virtual fences for security http://www.cbsnews.com/news/drone-safety-holiday-sales-dji-gps-geofence-virtual-fence

4. Man suspected of flying drone over Trailhead Fire arrested

5. The Pentagon’s ‘Terminator Conundrum’: Robots That Could Kill on Their Own http://nyti.ms/2eGK0Ar

If you find yourself facing federal charges for flying your drone in violation of FAA regulations, call 1.800.NoCuffs.

SOURCES
1. Retrieved on January 9, 2017 via .

2. John Stang. January 4, 2017. Geek Wire. “Drone no-no: State legislation could ban flying over someone else’s property.” Retrieved via http://www.geekwire.com/2017/drone-ban-property-state-legislation/

3. Retrieved on January 9, 2017 via https://registermyuas.faa.gov/.

4. Retrieved on January 9, 2017 via .

5. Retrieved on January 9, 2017 via .
6. Samantha Masunaga. August 29, 2016. LA Times. Retrieved on January 9, 2017 via http://www.latimes.com/business/la-fi-drone-rules-20160829-snap-htmlstory.html.

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Utah Aims To Lower DUI Limit to .05 Percent

Posted by Staff on January 6, 2017

A state lawmaker in Utah is trying to lower the blood-alcohol content DUI limit for driving regulation DUI laws to .05 percent. 1.800.NoCuffs founding criminal defense attorney Darren Kavinoky predicts “the food, beverage and restaurant interests are so powerful” that it will be ultimately rejected. [1]

DUI Drinking Legal Limit

“The notion of lowering the legal limit for DUI charges isn’t new, and it’s a something we can expect to see more of,” says criminal defense and DUI defense lawyer Darren Kavinoky.

“In fact, the legal DUI limit for drinking and driving cases used to be .15 then was lowered to .10, and then again to .08. And when certain states resisted lowering from .10 to .08, the federal government threatened to withhold critical highway funds until and unless those states complied. So there is a great deal of legal precedent in support of this trend towards lowering the limit,” explains Kavinoky.

“That said, it’s difficult to envision going below that level, or all the way to ‘zero tolerance’ for several reasons,” Kavinoky adds. “First, studies performed by NHTSA and others suggest that people aren’t impaired for purposes of driving below .08. and especially below .05.” [View the 1.800.NoCuffs Alcohol Absorption Infographic here.]

“Next, at some point, the citizens will resist the notion that they can’t enjoy a glass of wine or a beer with dinner, and drive afterward. It just smacks into the notions of freedom of choice that this country was founded upon. Finally, the food, beverage, and restaurant interests are so powerful that I predict they will tap into those notions of freedom, and the financial impact of no longer being able to serve a significant population, that attempts to go lower still will be rejected,” forecasts Kavinoky.

Ignition Interlock Device

“The technology is available now to ensure that every driver is alcohol free, whether that be by way of steering wheels capable of testing skin for the emission of alcohol molecules through the hands, or ignition interlock devices that require the driver to blow into them to prove they are alcohol-free or the car won’t start. As much as everyone, myself included, wants to drive on roads that are safe, there are notions of individual liberty and personal freedom with which modern-day prohibitionists are certain to collide.”

SOURCES
1. AP. January 3, 2017. CBS Sacramento. Retrieved via http://sacramento.cbslocal.com/2017/01/03/utah-considers-dropping-dui-threshold-to-05/.

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